John Carpay: Alberta’s Use of the Notwithstanding Clause to Protect Kids Would Not Violate the Charter

Alberta Premier Danielle Smith speaks during an Alberta Next Panel town hall in Edmonton on July 16, 2025. Office of the Premier

Commentary

Media report that Danielle Smith’s government is contemplating using Section 33 of the Charter—the notwithstanding clause—to preserve a provincial law that protects children from harmful and unscientific transgender ideology. Some LGBTQ-etc advocates accuse Alberta’s premier of violating Charter rights as they have been defined by one judge in an interim ruling.