Alberta trans laws: Premier willing to use notwithstanding clause [Video]

Alberta Premier Danielle Smith says using the notwithstanding clause to shield her government’s transgender health restrictions is on the table as a “last resort.”

A provincial law will ban doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16. A surgical prohibition already in effect will halt gender-affirming “top” surgeries for minors.

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Speaking on her radio call-in show this weekend, Smith said she is willing to invoke the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.

“Because I feel so strongly about protecting kids’ right to preserve their fertility until they’re adults, we would, as a last resort, have to use the notwithstanding clause.”

“I hope it doesn’t come to that, but for sure, we would,” she said.

She explained …