Alberta Premier Danielle Smith says using the notwithstanding clause to shield her government’s transgender health restrictions is on the table as a “last resort.”
A provincial law will ban doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16. A surgical prohibition already in effect will halt gender-affirming “top” surgeries for minors.
Speaking on her radio call-in show on Corus Entertainment radio stations this weekend (Corus Entertainment is Global News’ parent company), Smith said she is willing to invoke the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.
“Because I feel so strongly about protecting kids’ right to preserve their fertility until they’re adults, we would, as a last resort, have to use the notwithstanding clause.”
“I hope it doesn’t come to that, but for sure, we would,” she said.
She explained Saturday that she does not want to use the clause because doing so suggests to her that lawmakers haven’t been careful enough.
“We feel we’ve been very careful in our law crafting.”
Smith, when asked if she was willing to use the notwithstanding clause as recently as Dec. 4, was noncommittal, saying she didn’t want to prejudge the courts.
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She has instead consistently expressed faith that her government’s bill will withstand a Charter challenge.
“We’re going to argue that we’re being reasonable, proportionate and evidence-based, and we’ll see how it goes in court,” she reiterated Saturday.
It comes as two LGBTQ2 advocacy organizations, Egale Canada and Alberta-based Skipping Stone Foundation, along with five families, are challenging the law in court.
Bennett Jensen, legal director at Egale Canada, has previously said they will call for an injunction to protect young people’s access to health care while the courts decide whether the law is constitutional.
They argue in court documents that changes to health law violate gender-diverse young people’s Section 7 Charter right to security of the person, their Section 12 right to be free from cruel and…
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