Alberta government passes bill to expand use of Charter override, drawing criticism from Opposition

Alberta’s United Conservative government has approved legislation that reinforces its plan to rely on the Charter’s notwithstanding clause for several measures affecting transgender residents. The vote took place in the early hours of Tuesday after hours of debate in the legislature.

The bill confirms the province will invoke the constitutional override to protect three existing laws from legal challenges. Those laws include restrictions on names and pronouns used for students in schools, a prohibition on transgender girls competing in amateur female sports, and limits on gender-affirming health care for children under 16. Government members celebrated the final vote, while the Opposition New Democrats expressed frustration and voted against the bill.

The clause allows provinces to shield certain laws from court review for five years. Its use has been controversial in Alberta, where legal scholars and advocacy groups have warned it reduces the ability of affected communities to challenge legislation they believe violates Charter rights. The New Democrats have argued the government should consult affected families and educators before proceeding with measures that carry long-term social implications.

This marks the fourth time the current government has turned to the override provision. In October, Premier Danielle Smith’s administration used the same clause to order striking teachers back to work and impose a contract that educators had previously rejected.