Alberta legislature sitting raises questions on rule of law and political authority, political watcher says
CBC
Alberta Premier Danielle Smith's government has wrapped up a fall legislature sitting featuring landmark legislation that a political commentator says has raised questions on where political authority should end and the rule of law should begin.
Smith's government invoked the Charter's notwithstanding clause on four pieces of legislation, to shield them from successful court challenges.
The government first used the clause when it legislated 51,000 teachers back to work after a three-week provincewide strike and put into force a contract that educators had previously rejected.
The use of the notwithstanding clause on teachers drew widespread criticism from advocacy organizations, civil liberty associations, lawyers groups and religious officials, such as Edmonton's Anglican bishop.
On Thursday, the day after the sitting ended, House leader Joseph Schow told reporters the courts still exist as a check and balance against government power.
But he re-emphasized there was nothing unconstitutional about using the Charter's notwithstanding clause, which the government also applied to three existing laws that govern names and pronouns in school, ban transgender girls from participating in amateur female sports and restrict gender-affirming health care for youth under 16.
The latter prohibits doctors from prescribing puberty blockers and hormone therapy for those under 16.
Schow said he and the government are proud of the legislation, including the law that introduced new sports rules, saying it protected women and girls.
"I do not have any concerns about [using the notwithstanding clause on the transgender laws] and making sure that the legislature [and] elected officials — duly elected by the people — are the ones who have to answer for this, not the courts," he said.
Smith has said using the clause was necessary to ensure children stay safe and do not make life-changing medical decisions they might later regret.
Court challenges were filed against two of the three laws prior to the government invoking the notwithstanding clause to shield them, including by the Canadian Medical Association arguing it violates a doctor's right to freedom of conscience. The Alberta Medical Association has repeatedly said puberty blockers do not render a person infertile or sterile and protect transgender children from more permanent changes that come with puberty.
Opposition Leader Naheed Nenshi said Thursday that he believes the fall sitting showed a government eager to strip Albertans of their human rights.
"This is an extremist government," he said.
"Everything about this government shows their utter contempt and disregard for the rule of law, for the norms of how people communicate and talk in a society, and mostly their contempt for Albertans."
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