Alberta Premier Danielle Smith defended her government’s use of the notwithstanding clause on Wednesday, emphasizing that the primary goal is to safeguard children rather than infringe on Charter rights. The Opposition NDP house leader, Christina Gray, criticized the United Conservative government for invoking the clause four times in recent weeks, suggesting it undermines the rights of all Albertans.
Smith responded by asserting the government’s commitment to child protection and preventing medical experiments on children due to insufficient data. This exchange occurred following the introduction of a bill that would employ the notwithstanding clause for up to five years to shield three laws related to transgender youth and adults from legal challenges.
One of the laws prohibits doctors from administering gender-affirming care treatments to individuals under 16, such as puberty blockers and hormone therapy. Various advocacy groups and the Canadian Medical Association have contested the law in court, alleging it violates constitutional rights and disrupts the doctor-patient relationship.
Gray raised concerns about the government’s targeting of teachers and questioned the UCP’s motives, suggesting a violation of parental decision-making rights. Smith defended the government’s stance, citing a Supreme Court ruling on mandatory minimum jail sentences for child sexual abuse as an example of prioritizing elected officials’ decisions over judicial rulings.
Justice Minister Mickey Amery highlighted restrictions on hormone replacement therapies for minors in other countries, supporting the government’s stance on protecting children. The Alberta Teachers’ Association criticized the repeated use of the notwithstanding clause as an evasion of accountability and a threat to Albertans’ freedoms.
The ATA has legally challenged the government’s back-to-work order for teachers, arguing against the validity of the clause’s usage. Additionally, the clause was invoked in a gender law requiring parental consent for children under 16 to change their school-related information, posing challenges for teachers and potentially harming students’ trust.
The debate over the notwithstanding clause extended to Saskatchewan, where a similar law was passed, and Ottawa, where federal Justice Minister Sean Fraser expressed concerns about addressing complex social issues using the clause. Fraser emphasized the importance of laws being justifiable in a free and democratic society without resorting to the notwithstanding clause.