Premier Smith won't invoke 'notwithstanding clause' to protect parental rights
Rebel News asked Premier Danielle Smith if she would invoke the notwithstanding clause to protect parental notification laws and others that oppose radical gender ideology. She replied: 'We'll see how that goes, but it isn't going to be implemented right off the clock.'
Alberta Premier Danielle Smith has not yet committed to using the notwithstanding clause to protect parental rights and minors from radical gender ideologues. She earlier said that parents have a right to protect their “child’s innocence” from “issues of sexuality.”
The Governments of Saskatchewan and Alberta face considerable opposition to their respective parental notification bills, who say they violate the Charter.
Bill 137, the Parents’ Bill of Rights Act, mandates that children under 16 years of age cannot change their name, use different pronouns, or affirm their 'gender identity' without parental consent. It also bans third-party sex education organizations from classrooms, such as Planned Parenthood.
Alberta tabled similar legislation earlier this week. The province formerly introduced policies restricting ‘gender-affirming care’ for minors, and barred transgender participation in female sports.
Published last August, an Angus Reid poll reported that only 14% of Albertans and 10% of Saskatchewanians do not want to be informed if their child wants to change names or pronouns.
.@SheilaGunnReid asked Premier Smith if she'll follow Sask. and use the notwithstanding clause to enshrine the UCP's new parental rights legislation.
— Rebel News (@RebelNewsOnline) November 2, 2024
She's hopeful about not invoking the clause, and that courts will see it as a "reasonable" change.https://t.co/vuu2u10GNz pic.twitter.com/F6UdMpggT1
On Saturday, Rebel News asked if Smith would invoke the notwithstanding clause to protect those policies. “We've done our best effort to be reasonable and we'll have to look at the cost,” she replied.
“We'll see how that goes, but it isn't going to be implemented right off the clock.”
The Canadian Press previously asked Smith if she would invoke the notwithstanding clause. She replied: “I can confirm we will be bringing forth legislative proposals in the fall sessions. I don't want to presuppose what the outcome of those deliberations will be.”
The comments follow Saskatchewan, who invoked the clause last Fall to protect parental rights in all school environments.
“The notwithstanding clause is part of the Constitution of Canada and allows federal and provincial governments to enact legislation that operates notwithstanding certain provisions of the Charter,” reads a Government of Saskatchewan statement at the time.
Saskatchewan invoked the notwithstanding clause to table legislation that protects parental rights in all school environments.
— Rebel News (@RebelNewsOnline) October 12, 2023
READ MORE: https://t.co/s8ak0ifZHl pic.twitter.com/FZTDbpZdvt
Egale Canada, a majority taxpayer-funded organization, announced a legal challenge against the Government of Alberta over the bills. The advocacy group received $3.9 million in funding from the Trudeau government earlier this year.
On September 28, 2023, the Saskatchewan Court of King’s Bench granted UR Pride an injunction, suspending Bill 137 until a full court hearing on its constitutionality could take place in 2024.
UR Pride initially claimed in its court application that this policy would violate children’s right to life, liberty and security of the person (Charter section 7) and children’s right to equality (Charter section 15).
The language of the Parent's Bill of Rights also does not shield it from a constitutional challenge based on section 12 of the Charter, which prohibits “any cruel and unusual treatment or punishment.”
Heather Kuttai, a former Saskatchewan human rights commissioner, resigned over the legislation. She called it an assault on the rights of ‘gender-diverse’ children. A report from Saskatchewan’s child advocate said it violates rights to ‘gender identity’ and expression.
"There's no such thing as parental rights in Canada," says NDP MP Randall Garrison in response to Alberta's plans for a parental rights bill.
— Rebel News (@RebelNewsOnline) February 8, 2024
"Children have rights in Canada, and these kinds of policies restrict the rights children have."https://t.co/AY8uVnohmI pic.twitter.com/2Fvtcy8B4t
The appeal court is being asked to decide whether the Court of King’s Bench is allowed to determine if the law violates the Charter, even if the court has no power to strike it down.
Saskatchewan and UR Pride had until September 6 to file their own factums. The appeal was scheduled for September 23, whose outcome the Government of Alberta has a vested interest.
According to a Leger poll, nearly half (46%) of Canadians support provincial governments using the notwithstanding clause to ensure parental consent is legally enshrined on matters of ‘gender identity.’
Nearly two-thirds (63%) of respondents want school administrators to inform them if their children want to use a different pronoun or gender. Only 45% of respondents support informing parents if the child expresses concerns for their safety.
"The province does not own our kids, and God help us if we ever succumb to that way of thinking."
— Rebel News (@RebelNewsOnline) June 16, 2023
New Brunswick Public Safety Minister Kris Austin crushes it on parental rights in education.https://t.co/CDi95ZBSOb pic.twitter.com/yTrPPX5Bfs
“The results cannot be ignored,” said Christian Bourque, executive vice-president of Leger, who noted that support for parental rights is not given “at any cost.”
However, on the topics of sexual orientation and ‘gender identity’ being taught in schools, Bourque said there is a considerable divide in Canada.
Nearly half (46%) of residents said only parents should discuss either sexual orientation and ‘gender identity’ and not schools.
The poll also revealed that only 37% supported using the notwithstanding clause to ban discussions about sexual orientation and ‘gender identity’ in schools altogether. A quarter (24%) of respondents said they didn’t know.
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Alex Dhaliwal
Calgary Based Journalist
Alex Dhaliwal is a Political Science graduate from the University of Calgary. He has actively written on relevant Canadian issues with several prominent interviews under his belt.
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