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.