“We should all be concerned”: Albertans rally against Bill 9, use of Notwithstanding Clause
Albertans show growing concern over government’s use of Notwithstanding Clause
Despite the cold weather, thousands gathered for the protest outside the Alberta Legislature.
Thousands gathered outside the Alberta Legislature in late November in response to the UCP-led Alberta government’s passing of Bill 9. The legislation restricts access to gender-affirming care for trans youth. The Notwithstanding Clause, or NWC, was invoked for the second time this year to hasten the passing of Bill 9. This prevents any challenge of the legislation through the Alberta’s legal system for the next five years.
The NWC is section 33 of the Charter of Rights and freedoms and it allows legislatures to override certain charter rights. Most recently it was used in Quebec’s controversial legislation Bill 21 regarding wearing religious symbols and Bill 96 also known as the Official and Common Language of Quebec.
“The use of the notwithstanding clause in this way is unprecedented,” said Janis Irwin, MLA for Edmonton Northwood. “We have a premier who’s willing to invoke it multiple times: first against teachers, and now against the trans community. We should all be concerned.”
Irwin argues that this sudden emphasis on the rights of transgender individuals is part of a wider political strategy on the part of the UCP government. “I don’t like to say it’s a distraction, we’re talking about human lives,” she said. “But it’s part of a greater effort to flood the zone, especially as the government is in the midst of its big healthcare debacle,” Irwin said.
According to activist group TransAction Alberta, gender-affirming care is not just completely safe, but also critical to preventing self-harm in high-risk individuals, reducing the rate of suicidality by 50%, up to 90% when paired with a supportive family and school environment.
“This government has abused the notwithstanding clause to target our most vulnerable,” Irwin said.
“The first use against teachers was completely unnecessary, there are established paths for the government to take for the government to negotiate fairly and in good faith,” explained Irwin. “What the premier is doing now against the trans community is a continuation of that cruelty. She didn’t have to use it, and these folks need our support, not more abuse.”
