By Canadian Press

Smith noncommittal on overriding Charter as court challenge looms over trans bills

Dec 4, 2024 | 1:12 PM

EDMONTON — Alberta Premier Danielle Smith says she doesn’t believe she’ll need to invoke the Charter’s notwithstanding clause to shield her government’s transgender bills from legal challenges.

The bills have passed third and final reading in the legislature and are set to become law.

LGBTQ+ advocates say they’re moving quickly to file a legal challenge.

One bill would require children under 16 to have parental consent if they want to change their names or pronouns at school.

A similar law governs school policy in Saskatchewan, where the government invoked the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.

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Smith says the bills are reasonable attempts to protect children, but she declined to say whether she would use the notwithstanding clause to keep the laws on the books if court challenges are successful.

This report by The Canadian Press was first published Dec. 4, 2024.

Lisa Johnson, The Canadian Press