EDMONTON — Alberta’s United Conservative government worked past 2 a.m. Wednesday to push through a controversial bill that again uses the Charter’s notwithstanding clause — marking the fourth time in less than two months the Danielle Smith government has reached for the constitutional override.
The UCP caucus used its majority to fast-track the legislation affecting transgender Albertans, limiting debate to one hour at each of the final stages before a 2:20 a.m. vote. As the bill passed its final reading, UCP members pounded their desks and shouted “Hear, hear!” while NDP members, who opposed the bill, looked on in visible frustration. Premier Danielle Smith was absent from the chamber during the vote.
The legislation affirms the government’s plan to shield three existing laws from legal challenge: one that dictates the use of names and pronouns in schools, another that bans transgender girls from competing in amateur female sports, and a third that restricts gender-affirming health care for anyone under 16. Under the health-care restrictions, doctors are prohibited from prescribing puberty blockers or hormone therapy to youth below that age.
NDP justice critic Kathleen Ganley said during debate that the government is abusing a constitutional tool meant for exceptional circumstances, calling its repeated use “offensive to the rule of law and to our entire democracy.” She noted that transgender youth already face disproportionately high rates of suicide. “I don’t think anyone ever envisioned it might be used four times in a month by a government,” she said.
Environment Minister Rebecca Schulz defended the legislation, arguing the measures are about ensuring safety and parental involvement in sensitive medical decisions. “This is not about denying kids care,” she said. “We have a duty to ensure that care heals, stabilizes, and protects.”
Medical groups have strongly disputed the government’s position. The Canadian Medical Association has launched a court challenge, arguing the law violates physicians’ freedom of conscience. The Alberta Medical Association maintains that puberty blockers are reversible and help prevent the permanent physical changes of puberty, calling them essential to protecting transgender youth. Families involved in related litigation have said the restrictions will be devastating to their children — some even warning they may have to leave Alberta for their child’s safety.
In question period Tuesday, Smith defended her government’s approach, saying youth must reach a level of maturity before making decisions that may affect future fertility. NDP Leader Naheed Nenshi countered publicly that Albertans should be alarmed, calling the repeated use of the notwithstanding clause an admission that the government’s policies are unconstitutional and an erosion of fundamental rights.
The clause allows governments to override specific Charter rights for up to five years. The UCP most recently used it in late October to impose a contract on 51,000 teachers and order them back to work after a provincewide strike.