December 09, 2025
RED FM News Desk
Alberta is expected to pass another bill invoking the notwithstanding clause on Tuesday night, the fourth time the provincial government has used the clause this sitting.
A bill that would reaffirm the use of the Charter’s override provision was scheduled for its final debate during the legislature’s evening session. If approved, it would protect three existing laws affecting transgender Albertans from constitutional challenges.
Debate on the final two stages has been limited to one hour each, under a motion already approved by Premier Danielle Smith’s United Conservative caucus.
The three laws at issue were introduced last year. They regulate the use of names and pronouns in schools, bar transgender girls from joining amateur female sports, and restrict gender-affirming medical care for people under 16.
One of the measures also prevents doctors from prescribing puberty blockers and hormone therapy to those under that age.
Earlier in the day, Smith defended the legislation, saying the province must ensure youth are old enough to fully understand “life-altering” medical decisions.
The Canadian Medical Association is challenging the restrictions in court, arguing the law infringes on physicians’ freedom of conscience. The Alberta Medical Association has repeatedly said puberty blockers do not cause infertility and actually help prevent irreversible physical changes during puberty.
Families involved in a separate lawsuit have warned the restrictions will deeply harm transgender youth, with some parents saying they may have to leave Alberta to keep their children safe.
The notwithstanding clause allows governments to override certain Charter rights for up to five years. If passed, this would mark the fourth time the UCP has used it this fall.
The government previously invoked the clause to end a three-week strike and impose a contract on 51,000 teachers after they rejected an earlier agreement.
Opposition NDP Leader Naheed Nenshi has criticized the repeated use of the clause, calling it a sign the government knows its transgender-related laws are unconstitutional.
His caucus argues the UCP has shown a pattern of undermining both the courts and the legislature’s democratic debate process.
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