Alberta Premier Smith willing to use the notwithstanding clause on trans health bill

Alberta Premier Danielle Smith says using the notwithstanding clause to shield her government's transgender health restrictions is on the table as a ``last resort.''

A provincial law will ban doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16 and halt gender-affirming ``top'' surgeries for minors. On her radio call-in show this weekend, Smith says she's willing to invoke the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years. Smith says she doesn't want to take the step, but would do so if necessary to protect the rights of children to preserve their fertility.

It comes as two L-G-B-T-Q-plus advocacy organizations, along with five families, challenge the law in court, arguing it violates Charter rights, including equality rights. They say puberty blockers give young people time and prevent irreversible changes, despite what Smith says.