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Leaked Memo Reveals Alberta Plan to Shield Transgender Laws with Notwithstanding Clause
A leaked internal memo obtained by The Canadian Press indicates Alberta Premier Danielle Smith intends to invoke the Charter’s notwithstanding clause this fall to protect three controversial laws affecting transgender people.
The September 10 directive from the justice department instructs ministries to prepare amendments allowing the laws to operate “notwithstanding” the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights. The move, described as “highly sensitive,” is set for cabinet review on October 21, ahead of the legislature’s return.
The laws — passed last year — require parental consent for students under 16 to change names or pronouns at school, ban transgender girls from competing in amateur female sports, and restrict gender‑affirming health care for minors. Two of the measures face ongoing court challenges from advocacy groups, who call them discriminatory.
Justice officials say the government will use “all available legal and constitutional means” to protect children, while critics argue the plan represents an unprecedented attack on LGBTQ+ rights. The notwithstanding clause, rarely used, allows governments to override certain Charter rights for up to five years.
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