Transgender bill challenger dismayed by Smith's openness to notwithstanding clause

A lawyer fighting a new Alberta law affecting transgender youth says he's disappointed Premier Danielle Smith will use the Charter's notwithstanding clause if need be to shield the changes from legal challenge.

"It's hard to choose the right words. It's cynical, incredibly disturbing and an inappropriate action by a leader," Bennett Jensen of Egale Canada said Monday in an interview.

Jensen said he had hoped Smith would accept the decision of a court if it found that her law violated Charter rights.

Jensen is the legal director for one of two organizations jointly challenging the law.

The legislation bans doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16, and prohibits gender-affirming "top" surgeries for minors.

For months, Smith dismissed the notwithstanding clause question as moot given she believed the new restrictions fall within provisions of the Charter and would withstand a legal challenge.

But on her Saturday radio show, Smith confirmed she would invoke the clause if necessary.

"Because I feel so strongly about protecting kids' right to preserve their fertility until they're adults, we would, as a last resort, have to use the notwithstanding clause," she said.

"I hope it doesn't come to that, but for sure, we would."

The notwithstanding measure allows governments to override certain Charter rights for up to five years.

In a statement, NDP Leader Naheed Nenshi said it's "sad" that Smith would be willing to go as far as using the notwithstanding clause.

"It's very sad, and typical, that the premier is admitting that she doesn't care about people's fundamental rights and freedoms, and she will ram her plan through even if it violates people's freedoms," Nenshi said.

Chinenye Anokwuru, the press secretary for Alberta Justice Minister Mickey Amery, said in an email Monday that the government "carefully considers the rights of Albertans when drafting legislation."

"We believe this legislation strikes an appropriate balance," she said.