Alberta to use notwithstanding clause on its 3 transgender laws: memo

The laws establish rules for students changing their names or pronouns in school, ban transgender girls from taking part in some sports and limit gender-affirming health care.

Alberta Premier Danielle Smith has directed officials to invoke the Charter’s notwithstanding clause in amending three laws that affect transgender people, says a leaked government memo obtained by The Canadian Press.

The internal document sent Sept. 10 by the justice department asks other departments to assemble information as per a directive from Smith’s office to invoke the clause.

“As you are aware, the premier’s office has directed that legislation be developed for the fall legislative session to amend the following pieces of legislation to permit each to operate notwithstanding the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights,” says the memo from Malcolm Lavoie, deputy minister of justice.

The document directs officials to craft background information on legal implications and other options to be considered.

It says the plan is to brief Smith ahead of time, then bring the proposal to cabinet Oct. 21. The house resumes sitting with a throne speech two days later.

Justice spokesperson Heather Jenkins, asked Thursday for comment on the memo, responded in a one-sentence statement.

“Alberta’s government will continue to vigorously protect the safety and well-being of children using all available legal and constitutional means at our disposal, including the notwithstanding clause should our government deem it necessary,” Jenkins wrote.

The three laws, introduced last year, establish rules for students changing their names or pronouns in school, ban transgender girls from participating in amateur female sports, and limit gender-affirming health care.