The “Nuclear Option”: How the Notwithstanding Clause Became a Constitutional Threat
The Protecting Alberta’s Children Statutes Amendment Act (Bill 9) amends three laws that restrict the rights of transgender youth and adults within healthcare, education, and sports. Alberta has invoked the notwithstanding clause in Bill 9, barring judicial review of the latter. This bill will specifically limit gender-affirming treatment for transgender youth, ban transgender participation in women’s sports, and require parental consent for name and pronoun changes in school. This article will discuss how the notwithstanding clause has evolved over the last forty years, leading to increasingly tyrannical and preemptive uses enabling discrimination towards minorities in Canada.