In response to the Government of Alberta’s use of notwithstanding clause for the second time in a span of one month to protect a trio of laws that affect the rights and safety of transgender children and youth, Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-Speaking section said:
“Alberta’s decision to invoke the Notwithstanding Clause for the second time in just a month –this time to override the rights of transgender children– endangers transgender and gender-diverse Albertans and violates the spirit of the Canadian Charter of Rights and Freedoms.”
On Tuesday, Alberta’s government introduced a bill invoking the notwithstanding clause to prevent courts from reviewing three previously passed laws restricting rights of transgender children and adults. The three laws, two of which are facing constitutional challenges, include restricting access of youth under 16 to gender affirming healthcare, banning transgender participation in women specific sports, and requiring parents’ consent for youth under 16 to use preferred pronouns that align with their gender identity in schools.
The inclusion of notwithstanding clause in bill 9 means that the courts will not be able to strike down the laws even if it unjustifiably violates the Canadian Charter of Rights and Freedoms.
Related: Amnesty International Canada condemns Alberta government’s use of notwithstanding clause in Bill 2
Earlier this year, LGBTQ+ advocacy groups and the Canadian Medical Association challenged the legislation banning access to gender affirming healthcare arguing that it erodes patient autonomy and undermines evidence-based care and deepens the marginalization of transgender people.
“Transgender children deserve protection and this pattern of overriding children rights is deeply alarming and sets dangerous precedents for all people in Canada. The Charter was never meant to be used as a political tool to single out and withdraw protection of vulnerable groups.”
Amnesty International Canada calls on the Alberta government to withdraw its use of notwithstanding clause and allow the court to do their essential work in assessing the human rights impacts of the laws.
“We stand with the transgender and gender-diverse young people across Alberta” Nivyabandi said. “Transgender people’s safety, dignity and wellbeing must be protected, and we continue to stand against policies that put their rights at risk”.
Header Photo Credit: Artur Widak/NurPhoto via Getty Images.
