Smith noncommittal on overriding Charter as court challenge looms over trans bills
Alberta Premier Danielle Smith says she doesn’t believe she’ll need to invoke the Charter's notwithstanding clause to shield her government's three transgender bills from legal challenges.
The bills passed third and final reading in the legislature this week and are set to become law. Two LGBTQ+ advocate organizations — Egale Canada and Skipping Stone Foundation — say they plan to file a legal challenge.
It's anticipated the challenge will be on grounds the bills violate Charter rights, including equality rights.
"I don’t want to prejudge the court," Smith told reporters at an unrelated news conference Wednesday when asked if she would use the notwithstanding clause.
"We will put forward a robust case — that this (legislation) is reasonable in a free, democratic society, that it's evidence based, and that we're protecting children and their right to be able to make adult decisions as adults."
One bill would require children under 16 to have parental consent if they want to change their names or pronouns at school.
A similar law governs school policy in Saskatchewan, where the government invoked the notwithstanding clause last year, a measure that allows governments to override certain Charter rights for up to five years.
The Alberta bills go further, encompassing a range of topics from sex education to transgender surgery and sports.
One bill compels parents to opt-in for their children to receive lessons in school on sexuality, sexual orientation and gender identity. Outside resources or presentations would also need to be pre-approved by the Education ministry, unless they're part of a religious school program.
Physicians would be banned from offering gender-affirming treatment, such as puberty blockers and hormone therapy, for those under 16. There would be a prohibition on gender-affirming "top" surgeries for minors.
Transgender athletes would no longer be allowed to compete in female amateur sports, and sports organizations would be required to report eligibility complaints to the government.
Bennett Jensen, Egale’s legal director, said the bills and the months of debate that preceded them have already hurt transgender children and athletes.
Jensen said when political leaders discriminate against one segment of the population, it communicates that there is something wrong with that identity.
"The consequences of having your identity debated in the public sphere for months is devastating," Jensen said in an interview.
"Anxiety is way up, depression is way up, bullying is way up, and this is without anything (legal) being in effect."
Jensen also took issue with Smith’s assertion that banning puberty blockers prevents children from making irreversible life decisions.
"Puberty blockers do exactly what she is claiming to be wanting to protect for young people, which is afford them time and prevent irreversible changes," he said.
The Canadian Civil Liberties Association said it may seek to be an intervener in the legal challenge.
"This is a dark time for freedom in Alberta," Harini Sivalingam, director of the association’s equality program, said in a statement.
"The passage of these intrusive laws will severely erode the liberty of individuals and families to make deeply personal decisions about their lives."
NDP Leader Naheed Nenshi said he expects some of the United Conservative Party government's legislation will be deemed unconstitutional by the courts and wondered why Smith believes her bill is different.
"(Saskatchewan Premier) Scott Moe knew it was unconstitutional and used the notwithstanding clause pre-emptively," Nenshi told reporters.
This report by The Canadian Press was first published Dec. 4, 2024
CTVNews.ca Top Stories
NEW AI modelling predicts these foods will be hit hardest by inflation next year
The new year won’t bring a resolution to rising food costs, according to a new report that predicts prices to rise as much as five per cent in 2025.
DEVELOPING Motive unclear as New York police hunt for masked killer who shot health insurance CEO
Investigators are searching for clues that could help them identify the masked gunman who killed the leader of one of the largest U.S. health insurance companies on a Manhattan sidewalk, then disappeared into Central Park.
'Name what things are': Recognizing 'femicide' 35 years after the Montreal massacre
Ahead of the 35th anniversary of the Montreal Massacre, Annie Ross, a mechanical engineering professor at Polytechnique Montreal, said she often thinks of those who lived through the tragedy but still suffer silently.
Canada Post stores continue to operate during strike — but why?
As many postal workers continue to strike across the country, some Canadians have been puzzled by the fact some Canada Post offices and retail outlets remain open.
Toddler fatally shot after his 7-year-old brother finds a gun in the family's truck
A two-year-old boy was fatally shot when his seven-year-old brother found a gun in the glovebox of the family's truck in Southern California, authorities said.
Mother sues Mattel over 'Wicked' dolls linked to adult film website
Mattel was sued this week by a South Carolina mother for mistakenly putting a link to an adult film site on the packaging for its dolls tied to the movie 'Wicked.'
'It was like I was brainwashed': 2 Ontarians lose $230K to separate AI-generated cryptocurrency ad scams
Two Ontarians collectively lost $230,000 after falling victim to separate AI-generated social media posts advertising fraudulent cryptocurrency investments.
Ontario Premier Doug Ford calls Donald Trump 'funny guy' in Fox News interview
Ontario Premier Doug Ford called U.S. president-elect Donald Trump a 'funny guy' on Wednesday in an interview with Fox News for his comment that Canada should become the United States's 51st state.
NEW Health Canada recalls more than 300 sexual enhancement products in four provinces
Health Canada has recalled hundreds of different sexual enhancements products from stores in Ontario, Quebec, Alberta and B.C.