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
'He is no hero': Pennsylvania authorities announce charges against Luigi Mangione
Following his arrest in Altoona, Pa. earlier on Monday, Luigi Mangione was arraigned and charged with five counts, according to a criminal complaint.
Union dropped wage demand to 19% over four years in Canada Post negotiations: CUPW
The Canadian Union of Postal Workers (CUPW) has reportedly dropped its wage demand to 19 per cent over four years, CUPW negotiator Jim Gallant told CTV News.
Taxpayer-funded Eras Tour tickets returned by federal minister
While tens of thousands of fans packed Vancouver's BC Place for the last shows of Taylor Swift's Eras Tour this weekend, a federal cabinet minister wasn't one of them.
Sudbury, Ont., family traumatized after hospital said loved one had been released, when in fact they had passed away
Sudbury resident Angela Vitiello says a staff member at Health Sciences North told her that her brother, Allan St. Martin, was released from the hospital late last month when, in fact, he had passed away.
What the upcoming holiday GST relief will mean for consumers
The federal government's GST break will arrive this Saturday, just in time for the last stretch of holiday shopping.
Liberal government survives third Conservative non-confidence vote
Conservative Leader Pierre Poilievre's latest attempt to topple the minority Liberal government in a non-confidence vote failed on Monday, thanks to the New Democrats.
Katie Holmes refutes story about daughter Suri Cruise’s fortune
Katie Holmes has posted a screen grab of a Daily Mail article, which reported that her 18-year old daughter, whose father is Tom Cruise, is now a "millionaire."
Polygamous U.S. sect leader gets 50 years in prison in scheme to orchestrate sex involving children
A polygamist religious leader in the U.S. who claimed more than 20 spiritual “wives” including 10 underage girls was sentenced to 50 years in prison on Monday.
Trudeau says dealing with Trump will be 'a little more challenging' than last time
Prime Minister Justin Trudeau said dealing with incoming president Donald Trump and his thundering on trade will be 'a little more challenging' than the last time.