On November 18, 2025, the Government of Alberta introduced Bill 9, invoking the notwithstanding clause to override and restrict the rights of trans and gender-diverse people throughout the province.
iSMART is committed to advancing inclusion, accessibility, and the well-being of all people through evidence-based research and practice. In this context, we are deeply concerned by the Government of Alberta’s use of the notwithstanding clause to shield several pieces of legislation from Charter scrutiny.
This marks the fourth use of the notwithstanding clause in recent weeks to limit or override rights in Alberta. Bill 9 prevents court review of Bills 26, 27, and 29 – legislation with significant implications for 2SLGBTQ+ children, youth, families, and cis women and girls in sports.
- Bill 26 eliminates access to gender-affirming care for transgender and gender-diverse youth under 16, despite medical evidence demonstrating the importance of timely, supportive, life-saving healthcare.
- Bill 27 mandates the disclosure of any changes in a young person’s name, pronouns, or gender identity to parents or guardians, including nicknames, pronouns, coming out, and needing gender-affirming care. It also requires parental consent for educational content on gender identity, sexual orientation, and inclusive sex education.
- Bill 29 restricts participation in girls’ and women’s sports to those who can prove they were assigned female at birth by producing a birth certificate. This denies trans women and girls opportunities to participate in sports and places an undue burden on cisgender girls and women to verify their sex at birth, while the requirement is not imposed on boys or men.
We support and stand in solidarity with statements from major healthcare and rights-based organizations, including the Alberta Medical Association, Egale Canada, and Skipping Stone, which reinforce our concerns about the serious risks posed by these laws.
Invoking the notwithstanding clause in this manner removes critical Charter protections for 2SLGBTQ+ individuals and limits the ability of courts to uphold fundamental human rights. These measures also create uncertainty and concern for teachers, healthcare providers, and community members striving to provide safe, supportive, and inclusive environments for youth.
As an institute dedicated to advancing equitable health and social outcomes, iSMART supports policies and practices grounded in evidence, dignity, and human rights. We stand with community members, researchers, and practitioners who are calling attention to the serious impacts these legislative decisions will have on the well-being of vulnerable youth and the broader Alberta community.