Danielle Smith on Notwithstanding Clause
TL;DR
Danielle Smith actively intends to use the Notwithstanding Clause to shield new legislation from charter challenges.
Key Points
She has openly prepared to use the Notwithstanding Clause to shield Alberta's laws concerning transgender youth from Charter challenges.
Her administration's stated intention is to use the clause proactively to protect legislation, rather than reactively after a court ruling.
The Premier’s use of the override has drawn strong criticism from human rights organizations who view it as a threat to rights.
Summary
Danielle Smith has made it clear that her government plans to invoke the Notwithstanding Clause, specifically Section 33 of the Canadian Charter of Rights and Freedoms, to protect certain legislative initiatives from judicial review. Her primary motivation appears to be ensuring that key policy decisions, particularly those related to social issues like transgender youth healthcare, remain secure from potential Charter challenges based on human rights or equality rights. This stance positions her government as willing to use the constitutional override power as a preemptive tool rather than just a reactive measure against court rulings.
This approach signals a significant departure from a purely rights-defending posture, framing the clause as a necessary instrument for legislative sovereignty against what she views as judicial overreach or policy obstruction. Political observers and civil rights groups have voiced serious concern over the precedent this sets for fundamental rights in the province. The consistent emphasis on applying the clause suggests Smith views it as a core mechanism for implementing her platform, even when it impacts codified rights.
Key Quotes
The Charter allows for limits on rights that are reasonable in a free and democratic society. We think what we're putting forward is reasonable
If me want to do something, me get to do it, notwithstanding. As a last resort.
Frequently Asked Questions
Danielle Smith's position is one of active support and intention to use the Notwithstanding Clause. She sees it as a critical tool to ensure her government's legislative priorities, particularly on social policy, cannot be struck down by the courts. This is a strong commitment to employing the constitutional override power.
The available information suggests her stance has been consistent in favoring its use for specific policy areas, rather than evolving away from it. She has framed its use as necessary for implementing her platform in the face of potential Charter conflicts. There is no broad indication that her core view on the clause has shifted.
The Premier has stated her intention to use the clause to protect legislation concerning transgender youth from being overturned by court challenges. She has signaled that her government views the clause as a necessary measure to defend its policy mandate against rights-based judicial review. This commitment has been vocal and public.
Sources9
Danielle Smith says she’d use Notwithstanding Clause to shield transgender youth policy from charter challenges
Danielle Smith uses Notwithstanding Clause to run red light
How I learned to love the Notwithstanding Clause
Premier Smith uses the Notwithstanding Clause again as a blunt instrument
Alberta's Smith: Notwithstanding clause is not a threat
Tell Danielle Smith we’re notwithstanding for this
Alberta Premier Danielle Smith’s use of Notwithstanding Clause for the second time in one year is deeply alarming.
Alberta Premier Danielle Smith’s Notwithstanding Clause Threat is a Danger to Human Rights
Danielle Smith prepares to use the Notwithstanding Clause to shield Alberta’s transgender youth laws
* This is not an exhaustive list of sources.