In defiance of Alberta’s proposed use of the notwithstanding clause to enforce laws impacting transgender individuals, doctors and 2SLGBTQ+ advocacy organizations affirm their unwavering stance. Premier Danielle Smith’s office, as per a leaked internal memo, aims to employ the clause to override three laws concerning school pronouns, female sports, and gender-affirming healthcare.
Egale and Skipping Stone, 2SLGBTQ+ advocacy groups, are challenging two of the laws. One lawsuit, challenging the prohibition of puberty blockers and hormone treatment for those under 16, involves five affected youth and their families.
Helen Kennedy, Egale’s executive director, expressed concern for the affected young individuals facing potential tragic consequences due to the laws. She emphasized the distress caused by the government’s actions targeting their access to essential services and attacking their identities, posing the question, “How do you counter Goliath?”
Kennedy stated that Egale intends to regroup with affected families to strategize the next steps in litigation, ensuring a return to court. Notably, the health restriction law is presently under a court-ordered injunction.
The directive mandates officials to prepare legal implications and alternative options for briefing Premier Smith before presenting the proposal to the cabinet on October 21, coinciding with the resumption of the house sitting following a throne speech two days later.
Responding to inquiries regarding the memo, Justice spokesperson Heather Jenkins reiterated the government’s commitment to safeguarding children’s well-being using all lawful means, including the notwithstanding clause when deemed necessary.
While Premier Smith refrained from commenting on the clause’s potential invocation, she affirmed the government’s confidence in its legal position during a previous statement in June. The Canadian Medical Association and three Alberta-based doctors are separately challenging the health law’s constitutionality, citing violations of freedom of conscience under the Charter.
Dr. Margot Burnell, the association’s president, criticized the government’s interference in clinical care, urging a reconsideration of using the notwithstanding clause. Burnell cautioned against setting a precedent that could impact various healthcare matters beyond the current dispute.