EDMONTON — Doctors and LGBTQ+ advocacy groups challenging Alberta laws affecting transgender people say they aren’t backing down, after learning the province plans to invoke the Charter’s notwithstanding clause.
The clause allows governments to override certain sections of the Charter of Rights and Freedoms for up to five years.
A leaked internal memo from Premier Danielle Smith’s government, obtained by The Canadian Press, says it plans to apply the clause this fall to its three laws that police school pronouns, female sports and gender-affirming health care.
Two of those laws are being challenged by LGBTQ+ advocacy groups Egale and Skipping Stone. In one lawsuit challenging the government’s ban on puberty blockers and hormone treatment for those under 16, the groups are joined by five affected youth and their families.
Helen Kennedy, executive director of Egale, said the fallout from the laws would be tragic for those young people, who are frightened and unsure of the future.
“Knowing now what the implications are of your own government targeting you and your ability to access basic services, like health care, and targeting and attacking your identity — it’s really shocking,” she said.
“How do you counter Goliath?”
She said Egale needs to regroup with affected families to decide how to approach the next phase of litigation.
“I assure you, we will be back in court on this,” Kennedy said.
The health restriction law is currently subject to a court-ordered injunction.
The government’s memo says the plan is to bring the notwithstanding clause proposal to cabinet Oct. 21. The house resumes sitting with a throne speech two days later.
Justice spokesperson Heather Jenkins, asked Thursday for comment on the memo, responded in a one-sentence statement.
“Alberta’s government will continue to vigorously protect the safety and well-being of children using all available legal and constitutional means at our disposal, including the notwithstanding clause should our government deem it necessary,” Jenkins wrote.
Smith did not speak with reporters at an event Friday in downtown Calgary.
When asked to comment on her government’s plan to invoke the notwithstanding clause, Smith said to bring questions at her next media availability.
In June, the premier said she was confident the government had a “solid case.”
“We want to battle this out and the way you do that is you go to the higher levels of court. If we were to impose the notwithstanding clause, everything would stop,” she said at the time.
The Canadian Medical Association and three Alberta-based doctors are also challenging the health law’s constitutionality in a separate case launched in May, arguing the law violates the Charter right to freedom of conscience.
The association said Friday there has so far been no legal response from the government and nothing has changed with respect to its legal challenge.
The group’s president, Dr. Margot Burnell, urged the province to back off on using the notwithstanding clause to enact legislation that directly interferes in the clinical care of patients.
“It represents an unprecedented government intrusion into the physician-patient relationship that requires doctors to disregard clinical guidelines, the needs of patients and their own conscience,” Burnell said in a statement.
“This kind of political interference is unacceptable and risks setting a precedent that affects other national health issues, such as vaccination, reproductive health, medical assistance in dying, or even cancer or surgical care.”
This report by The Canadian Press was first published Sept. 19, 2025.
Lisa Johnson, The Canadian Press
