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ON POTENTIAL USE OF THE NOTWITHSTANDING CLAUSE

STATEMENT FROM THE BOARD

OCTOBER 2025

Calgary Outlink denounces the Alberta government’s stated intention to invoke Section 33 of the Canadian Charter of Rights and Freedoms, the Notwithstanding Clause, to override the rights of transgender and gender-diverse individuals in our province.


The Notwithstanding Clauses’ use in this context signals an alarming disregard for the Charter’s fundamental protections and sets a deeply troubling precedent: that the rights of transgender people are negotiable.


The use of this clause puts at risk those whose identities, safety, health and well-being are being called into question. The government's willingness to suspend constitutional rights for a select group of people sends a concerning message to all Albertans.


Bills 26, 27, and 29 are tied to this planned use of Section 33 and they introduce a broad set of measures that, if passed, would block access to affirming medical care for trans youth, undermine the autonomy of students to express their identities at school, and create barriers to full participation in community and extracurricular life.


Calgary Outlink stands in firm opposition to the use of the Notwithstanding Clause and to any policy that puts transgender and gender-diverse individuals at risk.


We call on the Government of Alberta to immediately abandon this course of action and to respect the Charter rights of all Albertans. We also call on individuals, institutions, and organizations across the province to speak up, because when rights can be suspended for some, they are at risk for all.


Trans rights are human rights. They are not optional. They are not up for debate. And they are not subject to political convenience.


Calgary Outlink Board of Directors

© 2022 Calgary Outlink: Centre for Gender and Sexual Diversity

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