Premier Smith Defends Controversial Use of Notwithstanding Clause

Alberta Premier Danielle Smith has publicly defended her government’s consideration of the notwithstanding clause to amend laws affecting transgender youth. This statement came during her appearance on the radio show Your Province, Your Premier on September 30, 2023, where she addressed a leaked memo indicating the potential legal move regarding three controversial bills.

During the show, hosted by Wayne Nelson, the premier was questioned about the necessity of invoking the notwithstanding clause and its implications for individual rights. Smith expressed confidence in her government’s legal position but voiced concerns about the lengthy court processes. She stated, “We’re getting our internal lawyers to have a look at… what it would look like to go through the court process… versus what it would do to be able to protect kids today.” While she acknowledged that a decision has not yet been made, she emphasized the ongoing discussions within her administration.

Details on Bill 26 and Its Controversy

The primary legislation under scrutiny is Bill 26, which bans the use of puberty blockers and hormone therapy for transgender and gender-diverse minors. Earlier this year, advocacy groups including Egale Canada and Skipping Stone successfully obtained a temporary injunction against the bill, arguing it could cause significant harm to vulnerable youth.

In response to the leaked memo, Lindsay Peace, co-executive director of Skipping Stone, criticized the government for neglecting the voices of affected communities. Peace stated, “At every step of this legislation, our community has pleaded out to the government to understand the suffering they are causing.” She accused the government of prioritizing their agenda over the wellbeing of children.

In her defense, Smith remarked on the potential health risks associated with medical interventions, suggesting that hormone blockers could lead to sterilization. She stated, “If it’s reasonable, if it’s evidence-based, that we can make the case that we shouldn’t be doing medical interventions on children that will sterilize them.” This assertion has drawn significant backlash from health professionals and advocacy groups.

The Canadian Paediatric Society has published statements clarifying that hormone blockers do not permanently affect fertility in all cases, challenging Smith’s assertions. Additionally, Smith has not addressed the implications of two other bills mentioned in the leaked memo: Bill 27, which mandates parental consent for students wishing to change their name or pronouns at school, and Bill 29, which restricts transgender girls from participating in female sports. Both bills became effective on September 1, 2023.

Reactions from Advocacy Groups

Bennett Jensen, legal director at Egale Canada, criticized Smith’s comments as misleading and harmful. He stated, “It’s already devastating for trans youth to be living in a province where they are targeted by their government in every aspect of their lives.” Jensen emphasized that the portrayal of gender-affirming care as harmful is inaccurate, asserting that it misrepresents the medical decisions made by healthcare professionals in consultation with families.

He reiterated the importance of informed decisions made by parents and medical experts, arguing that Smith’s statements undermine the integrity of those processes. In a recent court decision, Justice Allison Kuntz highlighted the potential “irreparable harm” that Bill 26 could inflict on gender-diverse youth, reinforcing the need for careful consideration of the legislation’s impacts.

Smith’s comments and the government’s approach to these issues continue to generate significant debate, with many advocating for a more inclusive and supportive framework for transgender youth in Alberta. As discussions evolve, the implications of these legislative measures and the potential use of the notwithstanding clause will remain at the forefront of public and legal discourse.