Canada

The Alberta government has invoked the Charter’s notwithstanding clause to prevent court challenges to a trio of laws impacting transgender youth and adults.

The clause is part of a bill now before the house, and Premier Danielle Smith says the move is necessary to protect children’s health and well-being.

She says their health could be jeopardized if challenges to the laws are tied up in court for a long time.

The notwithstanding clause allows governments to override Charter rights if deemed necessary as a way to balance the authority of both politicians and the courts.

The clause relates to laws that put restrictions on student pronoun changes at school, on girls’ and women’s sports, and on medical therapies for young people looking to transition.

Two of those bills are facing court challenges on the grounds they are harmful and unconstitutional.