Alberta invokes notwithstanding clause to stop court challenges of transgender laws

The clause relates to laws that put restrictions on student pronoun changes at school, on girls’ and women’s sports, and on medical therapies for young people looking to transition.

Two of those bills are facing court challenges on the grounds they are harmful and unconstitutional.

Naheed Nenshi, Leader of the Official Opposition, said in a statement Tuesday, that Bill 9 is a continued attack on the protected rights of all Albertans.

“First, the notwithstanding clause was used against teachers to force them back to work with no negotiated contract and no legal option to appeal. This was the first time in history an Alberta Premier knowingly passed a law she knew to be unconstitutional.”

“Alberta’s New Democrats condemn this new legislation. This is not democratic governing; this is authoritarian governing. We will use whatever tools we can to fight back, but we acknowledge we sit in opposition to a majority government determined to get their way.”

Meantime, the Canadian Medical Association (CMA) said in a statement Tuesday that it is deeply disappointed the Alberta government has tabled legislation to invoke the notwithstanding clause to interfere in the clinical care of patients.

“By taking this extraordinary measure, the government is not only restricting gender-affirming care, it is infringing on physicians’ freedom of conscience, undermining their clinical judgement and disregarding the rights of patients to access medically necessary care.”

“Put simply, Canadians don’t want politicians making medical decisions for them. They want to make those decisions with their health providers and their families. This kind of political intrusion into evidence-based care is unacceptable and risks setting a precedent that affects other national health issues, such as vaccination or reproductive health.”

ATA president Jason Schilling, also issued a statement in response to Bill 9 on Tuesday, saying the government’s decision to use the notwithstanding clause, for the fourth time in less than a month, in Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, demonstrates a flagrant disregard for basic human rights.

“Normalizing the use of the notwithstanding clause is a dangerous practice. This overreaching legislation will harm vulnerable students instead of providing any sense of protection.

“Teachers are legally required to provide a welcoming, caring, and inclusive environment that fosters diversity and belonging for all students, whether in the classroom or in the gym. This is a role that teachers take seriously. The Alberta Teachers’ Association opposes any measure that requires teachers to disclose sensitive information about students’ identities.

“Schools are supposed to be safe spaces for students where they can be themselves. Instead, vulnerable students will now risk rejection, punishment, or emotional harm because of this gross overstep of power.”

This report by The Canadian Press was first published Nov. 18, 2025.

(With files from rdnewsNOW)

by Jack Farrell and Aaron Sousa, The Canadian Press

Alberta invokes notwithstanding clause to stop court challenges of transgender laws

Our Community