· Bill / Notwithstanding Clause Application · enacted
Bill 9 — Education Act: Application of Notwithstanding Clause
Amends the Education Act to declare that specific sections operate notwithstanding the Canadian Charter of Rights and Freedoms, Alberta Bill of Rights, and Alberta Human Rights Act.
What changed
- Adds section 58.13 to the Education Act.
- Declares that sections 18(1)(d.1), (d.2), 18.1, 33.2, 58.11, and 58.12 of the Education Act operate notwithstanding sections 2 and 7 to 15 of the Canadian Charter of Rights and Freedoms.
- Declares that these sections also operate notwithstanding the Alberta Bill of Rights and the Alberta Human Rights Act.
Why it matters
- Limits the application of fundamental rights and freedoms, including freedom of conscience, religion, thought, belief, opinion, expression, association, and legal rights, to specific provisions within the Education Act.
- Reduces the ability of individuals to challenge these specific Education Act provisions based on the enumerated rights in the Charter and provincial rights legislation.
- Establishes a precedent for the use of the notwithstanding clause in provincial education legislation.
Rights affected
- Freedom of expression — The freedom to speak, publish, and access ideas.
Other governance concerns
- Freedom of expression
- Freedom of association
- Legal rights
- Equality rights
- Religious freedom
Primary sources (1)
- Primary sourceGovernment documentBill 9 – Protecting Alberta's Children Statutes Amendment Act, 2025 (Alberta Legislative Assembly)
Secondary sources (4)
- Secondary sourceNews articleGlobal News: Alberta invokes notwithstanding clause to stop court challenges of trans laws
- Secondary sourceNews articleLawNow: The Alberta Legislature repeatedly uses the Charter's notwithstanding clause
- Secondary sourceNews articlePolicy Options: When the notwithstanding clause becomes a political weapon
- Secondary sourceNews articleAlberta Teachers’ Association: Condemning the repeated use of notwithstanding clause