Alberta’s United Conservative Party, led by Premier Danielle Smith, recently passed a bill in the early hours of Wednesday morning, making it the fourth time in less than two months they have utilized the Charter’s notwithstanding clause. The bill, which affects transgender citizens, was met with mixed reactions in the legislative chamber. While UCP members celebrated the 2:20 a.m. vote, Opposition NDP members expressed disapproval.
The legislation, which swiftly moved through the final stages of debate, solidifies the government’s use of the notwithstanding clause to protect three existing laws related to transgender individuals. These laws regulate names and pronouns in schools, participation of transgender girls in amateur sports, and access to gender-affirming healthcare for youth under 16, including a ban on puberty blockers and hormone therapy.
Critics, including NDP’s Kathleen Ganley, have raised concerns about the broad use of the notwithstanding clause, emphasizing the potential harm to transgender youth who may face increased risks. However, Environment Minister Rebecca Schulz defended the bill, stating that it aims to assist parents and students in making significant medical decisions while prioritizing the well-being of children.
The legal challenges from medical associations and families of transgender children highlight the contentious nature of the bill, with some expressing fears of having to leave the province for their children’s safety. Premier Smith reaffirmed the government’s stance on protecting youth from irreversible medical choices, emphasizing the need for mature decision-making.
This bill is part of a series of legislative actions where the UCP has invoked the notwithstanding clause, drawing criticism from opposition leaders and concerns about potential infringements on rights and freedoms.

