Transgender bill challenger dismayed by Smith’s openness to notwithstanding clause
A lawyer challenging a new Alberta law affecting transgender youth says he is dismayed by Premier Danielle Smith’s intention to use the notwithstanding clause if required.
The new law bans doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16, and prohibits gender-affirming “top” surgeries for minors.
For months Smith has dismissed the notwithstanding clause question as moot given she believes the new restrictions would withstand a legal challenge.
But on her Saturday radio show Smith confirmed she would invoke the notwithstanding clause if necessary.
The notwithstanding measure allows governments to override certain Charter rights for up to five years.
Bennett Jensen, the legal director for one of two organizations jointly challenging the law in court, says Smith’s intentions are cynical and inappropriate.
The new law is one of three affecting transgender youth and adults in Alberta that received royal assent earlier this month.
This report by The Canadian Press was first published Dec. 16, 2024.
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