Alberta Premier Invokes Notwithstanding Clause for Trans Laws

Alberta Premier Danielle Smith has directed her government to invoke the Charter’s notwithstanding clause in order to amend three laws impacting transgender individuals. This directive, contained in a leaked government memo from September 10, 2023, signals a significant policy shift in the province’s approach to transgender rights. The document, obtained by The Canadian Press, outlines an order for various departments to gather information regarding the invocation of this clause.

In a brief statement, Justice Department spokesperson Heather Jenkins affirmed the government’s commitment to safeguarding the well-being of children. She emphasized that Alberta’s government would utilize all legal avenues, including the notwithstanding clause, if deemed necessary. The three laws in question, enacted last year, relate to school policies on name and pronoun changes for students, restrictions on transgender girls participating in amateur female sports, and limitations on access to gender-affirming healthcare.

The decision has ignited a broader conversation about the use of the notwithstanding clause in Canadian law. Federal Justice Minister Sean Fraser commented on the implications of Alberta’s move, expressing hope that the Supreme Court will delineate the boundaries of the notwithstanding clause’s application. This follows Ottawa’s recent filing with the Supreme Court regarding Quebec’s Bill 21, which prohibits public sector workers in positions of authority from wearing religious symbols. Fraser stated that the outcome of this case could shape future applications of the clause across both federal and provincial levels.

In an official statement, Premier Smith expressed solidarity with Quebec’s right to invoke the clause, despite her government’s lack of support for the specifics of Quebec’s secularism law. This stance reflects a complex interplay between provincial rights and federal oversight in Canada, particularly concerning contentious social issues.

In other news, Prime Minister Mark Carney is currently in Mexico City, where he is working to strengthen trade relations ahead of anticipated negotiations with the United States over a trilateral trade agreement. Carney’s visit includes a stop at the Canadian Pacific and Kansas City’s Ferrovalle train yard, where he aims to bolster economic partnerships. During a meeting with Mexican President Claudia Sheinbaum, the leaders signed a pact aimed at enhancing economic and security cooperation, which includes plans for infrastructure development and environmental protection.

Additionally, documents recently disclosed by the Department of National Defence reveal that the Canadian government has spent approximately $1.3 billion on cloud services from U.S. companies since 2021, primarily to support critical defense operations. This expenditure includes significant investments in services from Microsoft, Amazon, and Google, which are deemed essential for national security.

Despite ongoing political tensions with the United States, data shows that corporate travel from Canada to the U.S. remains robust. According to information from SAP Concur, the U.S. accounted for 79 percent of Canadian corporate travel in the first half of the year, with companies adapting to new border conditions.

This report underscores the multifaceted nature of current political and economic developments in Canada, highlighting both the challenges and the resilience within its governance and international relations.

This article was first published by The Canadian Press on September 19, 2023.