Alberta Premier Smith confirmed she will use the Notwithstanding Clause to pass laws that restrict rights and silence the courts. It would be the first time in Alberta’s history a Premier used the Clause in this way to override the Charter of Rights and Freedoms.
The Notwithstanding Clause was meant for rare emergencies. Now it’s being used to make illegal laws “legal” and block judges from even considering if they violate the Charter. The Premier says she’s protecting kids. What she’s really doing is testing how far they can go before Albertans push back.
The Notwithstanding Clause lets politicians override fundamental rights–freedom of expression, religion, and equality.
It was never meant to be used preemptively. Now Smith plans to do exactly that.
Quebec used it to ban public servants from wearing religious symbols.
Saskatchewan used it to force schools to out LGBTQ2S+ students.
Ontario tried to use it to block education workers from striking.
Alberta will now use it to restrict rights, silence dissent, and block accountability.
This is not about one issue. It’s about whether politicians should be able to overrule fundamental rights willy-nilly—essentially eliminating core Charter protections with one bill and a simple majority vote.
If Smith believes her laws don’t violate the Charter, why won’t she defend them in court?
Once a government can turn off rights with one vote, every government will learn they can do the same.
Once they can silence one group, they can silence anyone.
Once they can bypass the courts, the Charter becomes optional and rights re effectively erased.
This moment will decide whether the Charter still protects all of us—or only those a Premier chooses to protect.
If we don’t act, we teach every future government that rights are temporary.