The Alberta UCP government invoked the notwithstanding clause on Tuesday, passing an bill to amend three acts that it feels will protect children and families, while also ensuring fair play in women’s sports. Bill 9, The Protecting Alberta’s Children Statutes Amendment Act, uses the notwithstanding clause to ban transgender surgeries for those under 18 years old and puberty/hormone treatments for individuals under 16 years old. Schools will be required to seek parental consent for name or pronoun changes requested by students under 16 years old, and can’t teach about gender identity or sexuality in schools without parental approval. It also restricts participation in women’s sports to those born female.“We have heard from families, teachers, athletes, coaches, and young people themselves, and we respect that there are strong feelings on every side of this conversation,” said Alberta Premier Danielle Smith. “We have also consulted with medical professionals here and in other jurisdictions and learned how standards of care and best practices to support children and families have evolved with new research over and over time.” The actions of Bill 9 will apply amendments to Bill 26 [the Health Statutes Amendment Act, 2024], Bill 27 [the Education Amendment Act, 2024], and Bill 29 [the Fairness and Safety in Sport Act], ensuring that elements of the previously amended acts are put into effect without further legal delays. “As a government, we have a responsibility,” Smith said. “A responsibility to provide clarity, a responsibility to protect all children and youth, and a responsibility to give parents, not institutions or courts, the primary role in life-changing decisions about their children.”The decision to invoke the notwithstanding clause occurs as Albertans continue debating the provincial government’s use of the clause when implementing Bill 2, which issued a back-to-work order for Alberta teachers.“This government does not turn to the notwithstanding clause unless the stakes warrant it, and in this case, the stakes could not be higher,” Smith said. “This is one of the most consequential actions our government will take during our time in office.” Active lawsuits have prevented the full effects of Bills 26 and 27, and the provincial government’s goal is to bypass what could be a lengthy legal process. “By invoking it, we're keeping these decisions in the hands of those who are directly accountable to Albertans, and ensuring these protections can move forward without further court delay or uncertainty,” Smith said. .Health Statutes Amendment ActBill 9 will apply to the Health Statutes Amendment Act, 2024, to prohibit transgender surgery for minors under 18, and the supply of puberty blockers and hormone treatments intended for gender reassignment to those under 16. “Well, kids have to go through puberty in order to be able to have kids, that’s just the way it is,” said Premier Danielle Smith. “Becoming sexually mature means, and we want to make sure that at the age of 16, when they’re old enough to be able to make these decisions for themselves, and understand the full consequences of it, they can begin that journey.” Passed by the Alberta Legislature in 2024, the Health Statutes Amendment Act has faced delays in court because of legal challenges to its constitutionality. “This legal challenge is not just about Alberta and gender-affirming care,” wrote the Canadian Medical Association when announcing their legal challenge against Bill 26 filed in May. “Health decisions are complex and unique to everyone. They are deeply personal and must be made by patients and their families, in partnership with their health provider — not by politicians.”For Smith, it is not about preventing these transitions from ever happening; it is about ensuring that individuals understand their decision before making it. “But we know that we have all kinds of laws on those who are under the age of 15,” Smith said. “We don’t allow them to smoke. We don’t allow them to drive alone. We don’t allow them to do drugs. We don’t allow them to sign contracts. They can’t even go on a field trip to the zoo without getting their parents’ permission.”“So if we accept that we have to be able to have a certain level of rigor over those who are minors, 15 years of age and younger, than we have to have that rigor, and if they are contemplating making permanent changes to their body, those decisions have to be made when they’re mature enough to understand the consequences of that.” .The Education Amendment Act The application of Bill 9 to the Education Amendment Act, 2024, will require schools to obtain parental consent when a student under 16 requests to change their legal name or pronouns related to their gender identity. The act will also mandate that parents give consent before a student learns about gender identity, sexual orientation, or human sexuality in school. “I mean, we know that children are dealing with gender identity issues all across this province, and we know that,” said Justice Minister Mickey Amery. “We know that parents have been asking to become more involved and more informed about what is happening. We’ve always said that parental choice is absolutely paramount for us as a parent.” A pair of sexual minority activist groups are currently challenging Bill 27. “Every student deserves a supportive educational environment where they can thrive,” states Eagle Canada, one of the groups challenging Bill 27, on their website. “Bill 27 prevents gender diverse youth from being able to authentically express themselves in their own terms and on their own timeline. Furthermore, the name and pronoun restrictions prevent educators from being able to create an affirming learning environment where all can flourish.”Smith pointed to a 2024 instance in Quebec where a 14-year-old girl was able to walk into a clinic without documented parental consent and obtain the medication required for her to transition into a male, as justification for this requirement. “Those are the kinds of things that we don’t want happening in Alberta,” Smith said. “If children are going to go down this pathway, whether it begins with pronouns or moves to puberty blockers, or ultimately goes on to surgery, we don’t want there to be any disconnect with their families on that.”.The Fairness and Safety in Sport ActThe Fairness and Safety in Sport Act will mandate that governing bodies of amateur competitive sports in Alberta restrict participation in women’s and girls’ sports to individuals who are born female. “We’ve heard from parents, from students, from young people all across our province, and in particular, women and girls in sport, and we know that the situation has been communicated to us that women and children, women and girls feel that this is creates an unfair scenario for them,” said Justice Minister Mickey Amery. “It discourages them from participating in sport. We know that women and girls that are participating in sports want to be competitive with one another.” Smith mentioned that this change is part of the ongoing global discussion about transgender participation in women’s sports. Recent reports suggest that the International Olympic Committee may make similar changes to their policy in 2026. “If there were no difference between boys and girls, and men and women, we wouldn’t have a women and girls category at all,” Smith said. “And so, I think that’s what we’re trying to return to, is let’s make sure that we’re protecting the female athletes, and ensure that there are co-ed or all gender categories so that everybody has the opportunity to participate in sport. But let’s have a hybrid approach that women and girls sport can be protected too.” Through Bill 9, the provincial government expects that these three pieces of legislature will be unfolded without any further legal challenges.
