CCLA Condemn Alberta’s Proposed Use of the Notwithstanding Clause to Target Trans Communities

TORONTO — The Canadian Civil Liberties Association strongly condemns Alberta’s plan to invoke the notwithstanding clause—s. 33 of the Charte canadienne des droits et libertés—to strip rights from trans and gender diverse people in Alberta.

Earlier this year, Alberta’s government passed three discriminatory laws that prohibit gender affirming care for minors, restrict students from using chosen names and pronouns without parental notification and consent, and ban trans women and girls from participating in sports.

The measures restrict access to health care, limit freedom of expression in schools, and curtail protections against discrimination.

“These laws are discriminatory and harmful, and only deepen the marginalization of trans and gender-diverse people who already face disproportionate barriers in schools, workplaces, and healthcare,” said Aaden Pearson, Trans Rights Legal Fellow at the Canadian Civil Liberties Association.

“Government should be removing those barriers, not trampling fundamental rights and freedoms by cementing them into law.”

The CCLA warns that invoking the notwithstanding clause to advance discriminatory policies threatens the integrity of Canada’s constitutional democracy.

“The notwithstanding clause was never meant to be a blunt political tool to override Charter rights,” said Howard Sapers, Executive Director of the Canadian Civil Liberties Association, “By trying to shield these laws from constitutional scrutiny, the government of Alberta is deliberately undermining the rights and dignity of trans people and sets a dangerous precedent for all Canadians.”

“It is completely unacceptable and without merit that the Alberta government is resorting to misusing the notwithstanding clause to override the rights of such a vulnerable community,” said Harini Sivalingam, Director of the Equality Program. “This move will surely lead to the erosion of rights of everyone in Alberta.”

The CCLA urges the Alberta government to refrain from using the notwithstanding clause, repeal these laws that infringe fundamental rights and freedoms, and respect the Charter rights of all Alberta residents.