Using an emergency measure that won’t expire until 2030, the Alberta legislature gutted avenues of legal opposition to its anti-trans laws.
S. Baum at Erin In The Morning:
Legislators in Alberta, Canada, have used an emergency override in order to erode foundational human rights protections, all so that they can ban trans youth from accessing puberty blockers and hormone therapy, surveil students’ names and pronouns at schools, and ban trans girls from amateur sports. The maneuver was carried out through Bill 9, which was rushed through the Legislative Assembly of Alberta by the United Conservative Party (UCP). It passed at 2AM Wednesday along party lines. In doing so, the bill invoked the notwithstanding clause of the Canadian Charter of Rights and Freedoms, which allows lawmakers to self-appoint special exceptions where they can sidestep human rights provisions. Now, Bill 9 has enabled a trio of anti-trans policies first passed in 2024, although the medical care ban has been halted by an injunction. Legal battles may continue to be waged, but this marks a dire blow against human rights defenders. The bill will expire in five years and the legislature would have to re-vote on the matter to renew it. Bill 9 makes it so transgender young people are excluded from provisions that would otherwise protect Albertans from government-sanctioned discrimination and infringements on free speech. The bill also applies the notwithstanding clause to Section 7 of the Charter: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
[...] Indeed, discriminating against transgender children; denying them access to social spaces (such as sports teams); forcibly outing them; and categorically banning them, their parents, and their doctors from making choices about appropriate medical care does put trans youth in harm’s way. Studies show these kinds of policies result in increased risks of suicide, substance abuse, and victimization of domestic violence.
The Canadian province of Alberta has passed a set of harmful anti-trans laws that harm trans youths, enabled by the Notwithstanding Clause.
