CCLA Condemns Alberta’s Use of the Notwithstanding Clause to Undermine Rights of Trans and Gender Diverse Youth

The CCLA calls on the Alberta government to uphold the rule of law, respect the constitutional rights of all Albertans, and immediately withdraw its proposed legislation invoking the notwithstanding clause.

TORONTO – 20 November 2025 – The Canadian Civil Liberties Association (CCLA) strongly condemns the Alberta government’s introduction of legislation invoking the notwithstanding clause to shield three laws that directly threaten the rights of trans and gender-diverse people in the province.

This action marks a deeply troubling escalation in the government’s misuse of the notwithstanding clause—a constitutional tool that was never intended to insulate governments from accountability or deny vulnerable Albertans access to justice.

It is particularly shameful that the government has taken this step on the eve of Trans Day of Remembrance, a day meant to honour trans people whose lives have been lost to violence and discrimination.

“Everyone deserves to have their constitutional rights protected from government infringement and have the ability to defend those rights in court,” said Harini Sivalingam, Director of the Equality Program at the CCLA.  “A couple of weeks ago it was striking teachers who were targeted, today it is trans youth. It’s worth asking who will be next.”

“The notwithstanding clause was never intended as a routine political tool or a way for governments to avoid constitutional scrutiny,” added Howard Sapers, Executive Director of the CCLA. “It was designed for exceptional circumstances and as a last resort. Normalizing its use to protect harmful legislation targeting marginalized communities undermines the rule of law and weakens the foundations of our democracy.”

By invoking the notwithstanding clause, Alberta’s government is attempting to place its actions beyond judicial scrutiny—stripping trans and gender-diverse Albertans of their ability to defend their constitutional rights in court.

“These laws threaten the safety, dignity, and well-being of trans and gender-diverse people—particularly youth—who already face significant barriers in health care, education, employment, and community life,” said Aaden Pearson, Staff Lawyer and Trans Rights Legal Fellow at the CCLA. “It is shameful that the Alberta government is using its power to override the rights of trans and gender-diverse young people, who lack the political power to hold the government accountable.”

Respect for civil liberties and human rights is the cornerstone of Canadian democracy. Albertans rely on the protections guaranteed by the Alberta Human Rights Act and the Canadian Charter of Rights and Freedoms. Suspending those rights, particularly for vulnerable groups, places the freedoms of all Canadians at serious risk.