Alberta Premier Danielle Smith says using the notwithstanding clause to shield her government’s transgender health restrictions is on the table as a “last resort.”
A provincial law will ban doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16. A surgical prohibition already in effect will halt gender-affirming “top” surgeries for minors.
Speaking on her radio call-in show this weekend, Smith said she is willing to invoke the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.
“Because I feel so strongly about protecting kids’ right to preserve their fertility until they’re adults, we would, as a last resort, have to use the notwithstanding clause.”
The notwithstanding clause show be usable by government bodies exactly once in history.
Bonus point: they would be able to reuse it if they cancel the law that required it the first time around.
Edit: to be honest, it should not exist at all.