EDMONTON – Alberta Premier Danielle Smith’s government was poised Tuesday to pass legislation invoking the Charter’s notwithstanding clause for a fourth time in this sitting.
A bill invoking the rights-override clause was on deck for the final stages of debate during the evening sitting.
The bill, if passed, would use the clause to shield from legal challenge three existing laws already on the books affecting transgender people.
Smith’s United Conservative caucus has already mandated that debate on each of the final two stages of debate will be limited to one hour each.
The three laws, introduced last year, police names and pronouns in school, ban transgender girls from participating in amateur female sports, and restrict gender-affirming health care for youth under 16.
One of the laws prohibits doctors from prescribing puberty blockers and hormone therapy for those under 16.
Earlier Tuesday, Smith reiterated in question period that her government needs to act to protect youth from potentially life-altering medical treatment decisions.
“We believe that children need to get of an age where they can understand if they’re going to make decisions that affect their ability to have children of their own one day, they need to be making those decisions as a mature minor,” she said.
The Canadian Medical Association has challenged the law in court, saying 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.
Some families of transgender kids involved in a separate lawsuit that challenged the health-care restrictions have said their kids will be devastated once the law comes into effect, and some have said they will need to leave the province for the safety of their child.
The notwithstanding clause is a rarely used provision that allows governments to override certain sections of the Charter for up to five years.
Should the bill pass Tuesday, it will be the fourth time Smith’s UCP has invoked it this fall sitting. They used the clause to legally backstop a bill that overrode teachers’ rights and ordered them back to work to end a three-week-long provincewide strike in late October. The bill also imposed on 51,000 teachers a collective bargaining agreement they previously rejected.
Opposition NDP Leader Naheed Nenshi has said Albertans should be alarmed by Smith’s use of the clause, which he has said is an admission her transgender laws are unconstitutional and another example of rights and freedoms being stripped away.
His party has said the UCP has shown a pattern of disregard for the courts and for the rights of members in the legislature to debate proposed legislation.
Christina Gray, Opposition NDP house leader, told reporters Tuesday the government’s procedural moves, and its use of the notwithstanding clause, are unprecedented.
“The government does not want to hear any opposition,” Gray said.
Government house leader Joseph Schow said when it comes to debate length, he prioritizes quality over quantity.
“I think time allocation is necessary unless we want to sit here until after the new year,” he said, noting the government had hoped to debate government bills, including those affecting transgender people, on Monday instead of moving to private member’s business.
When that offer was declined, the UCP caucus voted to adjourn for the afternoon rather than sit through private member’s business, which would typically include Opposition motions or bill proposals.
This report by The Canadian Press was first published Dec. 9, 2025.
