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Background Note: Alberta’s Potential Use of Charter’s Notwithstanding Clause

Background Note
September 20, 2025

Issue

The Government of Alberta has announced its intention to invoke the Charter’s notwithstanding clause to enforce legislation that restricts the rights, autonomy, and well-being of transgender youth and adults.

Background

  • The notwithstanding clause (Section 33 of the Canadian Charter of Rights and Freedoms) was designed for rare and exceptional use, not as a routine political tool.
  • This proposed use targets transgender youth and adults, undermining Charter-protected rights to equality and security of the person.
  • Research and lived experience show that affirming and supporting transgender youth improves mental health, resilience, and long-term outcomes. Restrictive legislation and lack of affirmation increase risks of depression, isolation, and suicide.

Implications

  • Human Rights: Sets a precedent that equality rights can be overridden for political purposes, weakening Canada’s human rights framework.
  • Youth Well-Being: Trans and gender-diverse youth face heightened risks of harm, stigma, and discrimination. This legislation would exacerbate existing mental health and safety challenges.
  • Community Impact: Families, schools, and communities may face increased division, fear, and legal uncertainty.

pflag Canada’s Position

  • We are firmly opposed to the use of the notwithstanding clause to curtail the rights of transgender and gender-diverse people.
  • We stand with trans youth, their families, and Alberta’s 2SLGBTQIA+ community.
  • We echo the concerns of legal experts, health professionals, and community advocates warning of the irreparable harm this legislation will cause.

Recommendation

  • pflag Canada urges the Alberta government to reverse its decision and uphold the Charter rights of all Albertans.
  • We call on federal and provincial leaders, civil society, and community members to advocate for the protection of trans and gender-diverse youth.

Commitment

pflag Canada will continue to:

  • Support affected youth and families.
  • Collaborate with partner organizations nationwide.
  • Advocate for a Canada where dignity, safety, and inclusion are upheld for every member of our community.