Alberta’s government is taking an unprecedented step to lock in new laws focused on children’s health, parental authority and fair play in women’s sport. Premier Danielle Smith announced that the province will invoke the Canadian Charter’s notwithstanding clause to ensure three major pieces of legislation move ahead without court delays.

Three Laws Shielded from Court Challenges

The move centres on Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, which ties together earlier legislation in health, education and sport. By invoking the clause, the government is preventing the courts from overturning or stalling the implementation of these laws.

The legislation includes:

▪️ Bill 26 – Health Statutes Amendment Act, 2024
Bans gender reassignment surgery for minors under 18 and restricts puberty blockers and hormone treatments for gender transition for youth under 16.

▪️ Bill 27 – Education Amendment Act, 2024
Requires parental consent for students under 16 who want to change their name or pronouns at school, and requires parents to opt in for lessons on gender identity, sexual orientation and human sexuality.

▪️ Bill 29 – Fairness and Safety in Sport Act
Limits participation in women’s and girls’ sports to athletes who were born female, while also supporting the expansion of mixed-sex competition where appropriate.

Premier Smith says the goal is simple: keep parents fully involved in major decisions about their children and ensure kids grow into adulthood before making irreversible choices about gender and fertility. Justice Minister Mickey Amery echoed that sentiment, saying the laws reflect the views of most Albertans and should not be held up in court.

Support from Coaches, Doctors and Advocacy Groups

Several voices have stepped forward in support. Sport advocate Linda Blade says the province is showing “a serious commitment to societal resilience.” Endocrinologist Dr Roy Eappen notes that the evidence behind puberty blockers and cross-sex hormones is weak. Detransition advocacy groups also praised the move, saying it will protect children from permanent harm.

How the Notwithstanding Clause Works

Under section 33 of the Charter, legislatures can declare that a law will operate despite certain Charter rights. Once invoked, courts cannot strike down the law under sections 2 or 7–15 of the Charter, or under Alberta’s own Human Rights Act or Bill of Rights. The clause must be reviewed and renewed every five years.

Major Sport Events Must Comply

The province is also tightening rules for any group seeking funding through Alberta’s Major Sport Events grant program. All national and international competitions hosted in Alberta must now align with the Fairness and Safety in Sport Act in order to qualify for provincial support.

The grant program, which provides up to $250,000 per event, is open for applications until Dec. 19.

Tourism and Sport Minister Andrew Boitchenko says the updated rules will ensure competitions held in Alberta remain safe, fair and accessible for female athletes.

Building a Clearer Path Forward

The province says no athlete should face an unfair advantage and no child should make irreversible medical decisions without parental involvement and maturity. With the notwithstanding clause now tied to all three laws, Alberta’s government says families can move forward with certainty.