Heather McPherson - Letter to PM Carney - Alberta's use of the notwithstanding clause to discriminate against trans youth

December 14, 2025

The Right Honourable Mark Carney
Prime Minister of Canada
Ottawa, ON K1A 0A2

Sent by email

Dear Prime Minister Carney,

I am writing to raise urgent concerns about the Alberta government's escalating and preemptive use of the notwithstanding clause. In their most recent all-night sitting, the UCP again invoked the clause to push through legislation targeting some of the most vulnerable members of our society, specifically trans youth. They did so fully aware that the law would not survive a Charter challenge and deliberately moved to prevent judicial review.

This is not an isolated case. Over the past months, the Alberta government has used the notwithstanding clause multiple times. They invoked it to force teachers back to work rather than allow an independent court to assess the legality of their actions. They used it to shield legislation restricting the rights of transgender youth, including limits on health care, pronoun use in schools, and participation in sports. And now, they have invoked it yet again for another sweeping bill that affects vulnerable people across the province. This repeated, pre-emptive, and broad use of the clause is unprecedented in Canada.

For years, some premiers have treated the Charter as something they can roll over when it is politically convenient. Danielle Smith has taken that approach further than any premier in decades. Her government is rushing laws through with little explanation, shutting down debate, and steadily eroding the rights of Albertans.

Our Constitution anticipates moments like this. Sections 55 to 57 of the Constitution Act, 1867 give the federal government the authority to disallow a provincial law after it has been enacted. That power, used more than a hundred times in our history, remains fully in force. It should never be used to intrude on legitimate provincial responsibility. It exists to safeguard Canadians when a province uses its power to take away their rights.

The pre-emptive use of the notwithstanding clause to block Charter scrutiny is exactly the kind of situation this safeguard was designed to address. Every time the federal government remains silent, the boundary is pushed further and the damage becomes harder to undo.

I urge your government to act immediately, including using disallowance, if necessary, to block this legislation and defend the Charter rights of Albertans. The consequences of inaction will be lasting for vulnerable communities, for public health care, and for the rights that belong to every Canadian.

Sincerely,

Heather McPherson
Member of Parliament for Edmonton Strathcona