OTTAWA — Three of Canada’s leading civil liberties organizations are voicing strong opposition to the Alberta government’s plan to invoke the notwithstanding clause, warning that the move threatens fundamental rights and sets a dangerous precedent for constitutional democracy in Canada.
In a joint statement released Thursday, the BC Civil Liberties Association, the Canadian Civil Liberties Association, and Quebec’s Ligue des droits et libertés said they are “united in our deep alarm over the Alberta government’s announced plan to invoke the notwithstanding clause in an attempt to shield three laws from judicial scrutiny.”
The organizations argue that using the clause to pre-empt court review undermines democratic accountability and targets vulnerable communities, particularly trans and gender-diverse Albertans.
“Our organizations are fundamentally concerned with fighting for democratic accountability and protecting against government overreach. Alberta’s proposed use of the notwithstanding clause undermines both. These laws directly attack the rights of trans and gender diverse Albertans, including youth. By trying to insulate them from judicial review, the government is deliberately closing the courthouse doors to some of the most vulnerable people in our society. This sets a dangerous precedent that threatens the rights of all Canadians,” the statement reads.
Targeted Legislation and Human Rights Concerns
The joint statement refers to three provincial bills — the Health Statutes Amendment Act, 2024, the Education Amendment Act, 2024, and the Fairness and Safety in Sport Act — which Alberta intends to shield from judicial oversight. Critics say these laws affect the rights, health, and well-being of trans and gender-diverse people.
According to the civil liberties groups, the Supreme Court of Canada has already recognized that trans and gender-diverse Canadians face disproportionate discrimination. Denying them the ability to challenge potentially unconstitutional laws, they argue, would further entrench systemic inequality.
“The Supreme Court of Canada has affirmed that trans and gender-diverse people face unique vulnerability to discrimination. Denying these individuals access to courts to test the constitutionality of laws that specifically target them would entrench stigma, perpetuate inequality, and withhold the equal protection of the law,” the statement continues. “The harms are not speculative. These laws threaten the safety, dignity, health, and well-being of people who already face systemic barriers in all aspects of public life.”
A Growing National Trend
The groups also warn that Alberta’s move is part of a wider national trend toward the routine use of the notwithstanding clause — a section of the Canadian Charter of Rights and Freedoms that allows governments to temporarily override certain constitutional rights.
“Alberta’s plan reflects a deeply troubling national trend: the growing normalization of the notwithstanding clause to avoid accountability, strip marginalized people of Charter protections and sidestep constitutional obligations which undermines the rule of law,” the organizations said.
They emphasized that the clause was designed to be used sparingly, not as a political tool. “This clause was never intended to be used routinely or pre-emptively. It was designed as an extraordinary measure, deployed only in the rarest of circumstances. Its casual use to insulate discriminatory laws from scrutiny corrodes the foundations of our constitutional democracy.”
Comparisons Across Canada
The statement points to examples from other provinces, noting that the clause has been used or attempted to be used to limit rights in several jurisdictions.
“We are already seeing the risks of the growing trend to use the notwithstanding clause elsewhere in Canada,” the organizations stated. “In Quebec, the clause has been used repeatedly to override fundamental rights of religious and linguistic minorities—through Bill 21 passed in 2019 (barring certain public servants from wearing religious symbols), Bill 96 passed in 2022 (limiting access to English-language services), and Bill 94 introduced in 2025 (restricting access to public services for those wearing face coverings and expanding the ban of wearing religious symbols to all the school staff).”
They also referenced Ontario and Saskatchewan, where governments “have attempted to use the clause to suppress labour rights, limit political expression, and restrict the rights of trans youth.”
A Broader Democratic Warning
While the immediate impact will fall on trans and gender-diverse Albertans, the organizations argue that the implications extend to all Canadians.
“While trans and gender-diverse Albertans will bear the most immediate and devastating impacts of these laws, this is not only their fight,” the statement warns. “A government that claims the right to set aside judicial oversight for some groups, claims the right to do so for any group. Freedom of expression, freedom of religion, equality before the law, the right to life and liberty are constitutionally protected rights and cornerstones of Canadian democracy. They were never meant to be optional, or to be applied selectively when politically convenient. If these rights and freedoms can be suspended at will, no one’s freedoms are secure.”
Call to Action
The three civil liberties groups are calling on Alberta Premier Danielle Smith’s government to reverse course and respect the role of the courts.
“We call on the Premier and the Alberta government to: Repeal the Health Statutes Amendment Act, 2024, the Education Amendment Act, 2024, and the Fairness and Safety in Sport Act; Refrain from invoking the notwithstanding clause to try to shield these laws from judicial scrutiny; Respect the Charter of Rights and Freedoms and allow the courts to fulfill their constitutional role, as is required in a free and democratic society,” the organizations said.
They concluded their statement by emphasizing that respect for human rights is a nonpartisan obligation.
“Respect for human rights and civil liberties is not a partisan value. It is the bedrock of Canadian democracy. We stand together to demand that the Alberta government uphold, not erode, those values.”
