Alberta plans to use the notwithstanding clause to uphold transgender-related laws, facing legal and advocacy pushback.

Alberta Premier Danielle Smith has directed officials to use the Charter's notwithstanding clause to override court challenges and maintain three laws affecting transgender people, according to a leaked government memo. The laws regulate student name and pronoun changes in schools, ban transgender girls from amateur female sports, and restrict gender-affirming healthcare. The move, planned for a cabinet briefing on October 21, allows Alberta to bypass certain Charter rights for up to five years. LGBTQ+ advocacy groups oppose the laws, calling them discriminatory, while similar legislation in Saskatchewan has also faced legal challenges.