Federal Justice Minister Sean Fraser is criticizing Alberta’s decision to invoke the notwithstanding clause to move forward with legislation restricting youth access to gender-transition medical treatments, requiring parental consent for pronoun changes in schools, and limiting participation in women’s sports to biological females. Fraser says the move reflects what he views as a growing and troubling trend of provinces using the clause to push through polarizing social policy without allowing courts to review whether the measures align with Charter rights."I'm concerned about the frequency with which we're seeing the Notwithstanding Clause being reached to as a tool to deal with very complex social issues," Fraser said this week. He argued that the Charter already contains a mechanism to limit rights when governments can prove the limitation is reasonable, pointing to Section 1, which requires that any infringement be justifiable in a free and democratic society.“When you are reaching for the Notwithstanding Clause, what you're essentially doing is saying we're going to adopt a law without regard as to whether that law is reasonable in a free democratic society,” Fraser said..Liberal MP Anthony Housefather expressed similar concerns, stating that he has consistently opposed the use of Section 33 and warning that its normalization could backfire. “Section 1 of our Charter provides ample latitude for legislatures to achieve policy objectives and respect Charter rights,” he posted. “To those who cheer for its use, next time it will be used to take away a right you care about.”Fraser and Housefather’s comments follow Alberta Premier Danielle Smith’s decision to invoke the clause while passing Bill 9, The Protecting Alberta’s Children Statutes Amendment Act. The act prohibits gender reassignment surgery for anyone under 18 and blocks puberty blockers and hormone therapy for minors under 16. It also requires parental consent before schools recognize name or pronoun changes for students under 16 and restricts participation in women’s amateur sports to individuals born female..Smith defended the decision, saying the legislation is intended to protect minors and reinforce parental authority in medical and educational decisions. “This government does not turn to the notwithstanding clause unless the stakes warrant it, and in this case, the stakes could not be higher,” she said.The legislation bypasses active court challenges from medical associations and advocacy groups who argue that the measures violate Charter protections and may put vulnerable youth at risk. The dispute adds to ongoing national debate over how rights are interpreted and who has final authority in contested areas of public policy.For Fraser, the increased reliance on Section 33 risks weakening constitutional norms. “The Constitution already provides a framework to balance rights with public policy,” he said. “We should rely on that process, not bypass it.”Whether Alberta’s move remains isolated or signals a broader provincial trend remains uncertain, but the public disagreement suggests the federal government intends to continue raising the alarm even without a direct mechanism to overturn the law.
