LORNE GUNTER: Notwithstanding clause serves as a 'legislative check' on the judiciary

Danielle Smith invoked the notwithstanding clause on Nov.18, anticipating challenges to her bills protecting women, children, and parental rights.

UCP leader Danielle Smith is seen as an effective premier for both championing Alberta's interests and engaging with the U.S. She invoked the notwithstanding clause on Nov.18, anticipating legal challenges to her bills by "activist lawyers and judges."

Columnist Lorne Gunter backs this move, citing the Supreme Court's high rate of overturning provincial laws, which has jumped from 20% to 60% since the Charter began. He argues the notwithstanding clause is now essential for provinces to uphold laws, especially those that conflict with "progressive ideas.

Gunter sees the notwithstanding clause as a vital "dialogue between the legislature and the judiciary." It serves as a legislative check on the judiciary, maintaining Parliament's centuries-old supremacy in the Canadian and British lawmaking tradition.

Concerns are raised that judges receiving ideological training (e.g., on feminism, racism, and transgender issues) could be "primed" to strike down certain laws to avoid appearing "transphobic."

Similarly, some doctors specializing in transgender treatment are seen as strong advocates who may hasten treatments. Irreversible treatments are administered to children under 16, sometimes with parents' consent, driven by a desire to show "progressive" views. Ezra argues these irreversible treatments are inappropriate for children.

Despite anticipated opposition from the legal, teaching, and medical professions, Ezra believes these policies are rooted in "common sense" and will be popular with ordinary people. He argues that "you can't have everything in life" and "we don't have to change the whole world" to accommodate every desire.

The core idea, "no one is born in the wrong body," fundamentally challenges modern gender ideology, particularly concerning adolescent confusion. This parallels the MAID debate, where doctors allegedly pressure depressed patients toward suicide. Both "gender-affirming care" and MAID situations suggest professionals are failing to uphold the Hippocratic Oath's "do no harm" principle.

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  • Bruce Atchison
    commented 2025-11-24 21:06:06 -0500
    Danielle Smith is doing a great job in defending us citizens in Alberta. This world needs more leaders like her who govern for the people instead of themselves.