In a move to stop gender-ideology activists from overturning provincial laws in the courts, the Alberta government is invoking the notwithstanding clause to protect three major statutes aimed at safeguarding children, strengthening parental rights, and preserving fair competition for female athletes.

Premier Danielle Smith announced that Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, will ensure the province’s laws on youth medicalization, parental consent in schools, and female-only sports remain firmly in place regardless of ongoing or future lawsuits launched by gender-activist groups.

“Children deserve the opportunity to grow into adulthood before making life-altering decisions about their gender and fertility,” the Premier said, noting that the province will “unapologetically defend” parents’ rights and the safety of girls’ sports. She added that Albertans expect their elected government—not activist judges—to make these calls.

Justice Minister Mickey Amery said the move reflects the overwhelming view of Albertans: “We will not allow these laws to be overturned or delayed by activists in the courts. The notwithstanding clause keeps decisions in the hands of those elected by Albertans."

The government’s action covers three high-profile laws that have been the target of activist legal challenges:

1. Youth Medicalization Restrictions

Health Statutes Amendment Act (Bill 26)
– Bans gender-reassignment surgeries for anyone under 18.
– Bars puberty blockers and cross-sex hormones for the purpose of gender reassignment for children under 16.

2. Parental Consent in Schools

Education Amendment Act (Bill 27)
– Requires parental consent when students under 16 want to change names or pronouns for gender-identity reasons.
– Requires parental opt-in for lessons on gender identity, sexual orientation, and human sexuality.

3. Protecting Female Sports

Fairness and Safety in Sport Act (Bill 29)
– Requires sports governing bodies to restrict women’s and girls’ divisions to those who were born female.

These measures have drawn predictable legal threats from activist groups determined to force gender-identity policies into law through the courts when they fail to win public support. Experts are backing the move.

Supporters praised the government for using the Charter’s built-in mechanism to stop ideological litigation from undermining women’s rights and child protection.

Linda Blade, a coach with a PhD in kinesiology, called the move “a serious commitment to societal resilience,” saying common-sense protections for healthy child development and female athletes should not be held hostage by legal activism.

Endocrinologist Dr. Roy Eappen noted that the medical evidence for puberty blockers and cross-sex hormones in youth is “poor,” adding that government intervention is appropriate when professionals ignore the science.

Kellie Lynn A. Pirie, founder of Detrans Alliance Canada, said she is “thrilled” to see the province prevent irreversible harm: “The notwithstanding clause exists to protect minorities—and this protects children as young as nine from permanently harming their bodies.”

Section 33 of the Charter allows governments to legislate “notwithstanding” certain Charter rights when court challenges threaten the public interest. Alberta’s use of the clause ensures that activist lawsuits can’t suspend or strike down the province’s protections for children, parents, and women in sport.

Once invoked, courts cannot overturn these laws on Charter, Alberta Bill of Rights, or Alberta Human Rights Act grounds. Alberta’s declarations under its own statutes do not expire; the federal Charter declaration can be renewed every five years.

With gender-ideology litigation escalating in Saskatchewan, the Smith government has drawn a clear line: Alberta will not let activist court challenges dismantle protections for kids, parental authority, or the integrity of women’s sports.

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