Disallow provincial anti-trans laws

AI summary

Petitioners ask the federal government to disallow Alberta and Saskatchewan laws under section 90 that restrict transgender and gender‑diverse rights. The government responds that it will defend Charter rights, has intervened in related litigation and will await Supreme Court guidance.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Minister of Health The Canadian Charter of Rights and Freedoms exists to protect individuals and minority communities from discriminatory laws; Recent legislation enacted by the Governments of Alberta and Saskatchewan restricts the rights, dignity, and safety of transgender and gender-diverse people, particularly children and youth, including access to gender-affirming and medically appropriate health care; These provincial governments have invoked the notwithstanding clause to shield such legislation from judicial review, thereby preventing Charter challenges from being meaningfully heard; The Constitution Act, 1867 provides the federal government, through section 90, with the authority to disallow certain provincial legislation in order to protect constitutional principles and minority rights; and The use of extraordinary constitutional powers to limit Charter protections warrants careful federal review and response. We, the undersigned, Concerned Allies of Transgender Canadians, call upon the Minister of Health to Recommend and support, within Cabinet, the exercise of the Government of Canada’s constitutional authority, including the power of disallowance under section 90 of the Constitution Act, 1867, to annul or repeal provincial legislation enacted in Alberta and Saskatchewan that restricts the rights of transgender and gender-diverse people and has been shielded from Charter scrutiny through the use of the notwithstanding clause, and to affirm the federal government’s responsibility to uphold Charter rights across Canada.

Government response

Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by THE PARLIAMENTARY SECRETARY PATRICIA LATTANZIO Discrimination against transgender and gender-diverse individuals remains a serious concern. It undermines people’s safety and dignity and limits their ability to participate fully in Canadian society. The Government of Canada is committed to combating such discrimination and to promoting equality for transgender and gender-diverse people across the country. Canada’s legal and constitutional framework reflects a strong commitment to diversity, inclusion, and respect for human rights. The Canadian Charter of Rights and Freedoms (the Charter), a cornerstone of our Constitution, safeguards fundamental rights and freedoms that underpin Canada’s free and democratic society. Section 15 of the Charter guarantees equality before and under the law, as well as the right to equal protection and benefit of the law without discrimination. Courts have held that laws or policies that misgender or otherwise fail to recognize the gender identity of transgender and non-binary individuals, can constitute discrimination contrary to section 15 of the Charter. Beyond the Charter, the Canadian Human Rights Act (CHRA) also plays a key role in protecting equality. It prohibits discrimination within areas of federal jurisdiction on several grounds, including gender identity and gender expression. These protections apply, for instance, in federal workplaces and in the provision of services regulated or delivered by the federal government. Together, the Charter and CHRA form an important part of the legal framework that protects transgender and gender-diverse people in Canada. Legal developments across Canada that engage the use of section 33 of the Charter, the notwithstanding clause, raise important constitutional questions about how rights and freedoms are protected, particularly for marginalized and vulnerable groups. The Government of Canada has intervened in litigation before the Supreme Court of Canada addressing these issues. The Supreme Court of Canada’s anticipated decisions relating to section 33 will help shape how federal, provincial, and territorial governments may rely on the notwithstanding clause in the future. As the Court considers these issues, Canadians can count on the Government of Canada to defend their Constitution, respect their rights and freedoms, and to stand up for the Charter.