The Alberta government has invoked the Canadian Charter’s notwithstanding clause to protect three controversial laws affecting transgender and gender-diverse youth from legal challenges. The move, announced by Premier Danielle Smith, applies to legislation on healthcare, education, and sports, including restrictions on gender-affirming treatments for minors, parental consent requirements for school pronoun changes, and participation in female-only athletic competitions. Smith said the step was necessary to ensure children’s health and well-being while maintaining parental involvement in major decisions.

Critics argue the use of the clause undermines the rights of transgender youth and bypasses the courts. Legal challenges have already been launched against the health and education laws, and advocacy groups have vowed to continue fighting them, arguing that the government is targeting a vulnerable population. A Court of King’s Bench justice previously granted an injunction against the ban on gender-affirming care for minors, noting potential serious psychological harm and limitations on youth autonomy. The Canadian Medical Association has also criticized the move, warning that political interference could set a precedent affecting other health issues.

Supporters, including Smith and Justice Minister Mickey Amery, maintain that the laws reflect the will of most Albertans and that delays from court proceedings could put children at risk. The government applied the notwithstanding clause in late October to end a province-wide teachers’ strike, imposing a back-to-work order after weeks of disruption, a move that also drew widespread debate over government overreach and the balance between courts and elected officials.