Alberta Uses Constitutional Clause to Defend Trans Rights Legislation

Alberta’s conservative government has invoked a rarely used clause in Canada’s Constitution to shield its bills limiting transgender rights from legal challenges. Premier Danielle Smith has framed the enactment of the bills as a matter of children’s safety, emphasizing the need for legislative action to protect youth from what she describes as potential harm. The move has drawn criticism from advocates who argue that the clause, known as the ‘notwithstanding clause,’ is a powerful tool that allows the government to override constitutional rights protections.