What is the notwithstanding clause?

The notwithstanding clause, Section 33 of the Canadian Charter of Rights and Freedoms, allows provincial governments to temporarily override certain Charter rights. It's used to assert provincial control over specific issues, sparking debates on balancing individual freedoms and governmental powers.

How does the notwithstanding clause affect transgender rights in Alberta?

It allows the Alberta government to implement laws that may limit transgender rights, particularly affecting youth access to gender-affirming care. This raises concerns about discrimination and potential breaches of the Canadian Charter of Rights and Freedoms.

What is Alberta government bill 9?

Alberta government bill 9 is focused on restricting transgender youth rights, involving access to gender-affirming care. Invoking the notwithstanding clause aims to protect the bill from judicial challenges, but it also risks legal battles and public controversy over Charter rights exemptions.

Law and Government

Danielle Smith’s Use of the Notwithstanding Clause Sparks Controversy

ByHuzaifa Zahoor November 20, 2025November 20, 2025

Danielle Smith, Premier of Alberta, is making headlines today with her decision to invoke the notwithstanding clause concerning transgender youth rights. This legal maneuver has significant implications for the Canadian Charter of Rights and Freedoms, sparking a heated debate across the nation. The move aligns with Alberta government bill 9 and seeks to address the contentious issue of transgender rights in Alberta, potentially leading to legal challenges and heightened political discourse.