Once again, the Alberta Government has invoked the Notwithstanding Clause, a decision that has sparked controversy and ignited passion in the hearts of young people across Alberta.
What is Bill 9 and the Notwithstanding Clause?
Bill 9
You may have noticed that some students and parents/guardians were required to sign extra forms at the beginning of the school year. This was the work of three pieces of legislation that Premier Daniel Smith’s government passed that targeted trans youth. Bill 26 banned gender affirming care, such as sex reassignment surgery and hormone therapy. Bill 27 made permission from parents or guardians for a minor to use a preferred name or pronoun besides the ones assigned at birth, and lastly, Bill 29, which only allows for cisgender females to play in women’s sports. Now, on November 18th, Bill 9 was tabled in the Legislature. Bill 9 seeks to suspend court challenges against these bills by utilizing the Notwithstanding Clause, which was already imposed in late October with the Back to School Act.
Notwithstanding Clause
In Alberta, the Notwithstanding Clause has been used only twice prior to Premier Smith’s term. The Notwithstanding clause, section 33, was added to the Canadian Charter Rights and Freedoms as a way for governments to pass laws that would otherwise infringe on Canadian’s inherent rights during times of drastic measures. Premier Danielle Smith has stated that this action was necessary to protect children. Meanwhile, others have starkly different opinions on the matter.
Fighting Back
Many people, including the young people these bills are affecting, are speaking up against Bill 9. Previously, many people were outraged by Bills 26,27, and 29; athletes refusing to sign gender confirmation forms, school walkouts and protests. But now, students are rallying as they believe Bill 9 not only harms Trans Youth, but also bypasses democratic principles.
I had the opportunity to speak with Sammy Brigden, a Grade 11 student at Westmount Charter School, who organized a walkout on Thursday, November 20th, in protest against Bill 9. Later that day, over 1000 supporters rallied at McDougall Centre in downtown Calgary.
Interview with Sammy Brigden
What made you decide to organize the walkout?
I decided to hold this walkout now specifically because Bill 9, which is likely to be passed by the government, uses the notwithstanding clause to prevent any consequential legal challenges to these three pieces of legislation that affect trans rights.
When they were first passed around two years ago, I was going to walkouts and protests then, but I feel like the cause has really become more important for more people to take part in because the government has started this pattern of using the notwithsatnding clause to override people’s rights and force things through parliament or through the legislature, and obviously that’s dangerous for everyone’s rights. What I said to people was, regardless of whether trans rights are an issue that you’ve been following, this is setting a dangerous precedent that we all need to pay attention to.
Is there a specific moment or person that inspired you to rally for change?
I was just in a silent rage for a long time, I think. In terms of being inspired to do the walkout when I was in grade nine at my previous school, there was a student in grade 12 who had organized a walkout to protest the legislation the first time it was passed, without the use of the notwithstanding clause. I was also really inspired by how students in public schools have been standing up recently through the walkout to protest the other use of the notwithstanding clause to prevent teachers from striking. Those two instances were specific walkouts that I could look to.
I expressed this when I spoke to the news, but I have just been tired of sitting down. Adults and people who are not a part of the trans community need to be doing more to stand up for trans kids right now, and I figured that this would be a visible way to encourage that.
Is there any advice you would give to fellow youth who would like to organize a walkout or protest?
It’s kind of like an experiment, because I’ve never done this before, but I feel like the things that we did were successful. Once we got the news that this was likely going to happen-that the legislation was likely going to be passed. We organized as fast as possible,
I worked with GSA leaders (of Westmount Charter). We made 400 pamphlets and just distributed them early in the morning. Regardless of how many people came to the walkout, it was a really good opportunity to talk to other students. Trying to start conversations with people is really important.
The last thing was just like, you know, and we checked with administration to say like, hey, if a walkout were to happen, wink, wink, what would the consequences be? Because I think having that clarity is really important, because, you know, it’s a scary thing to stand up and walk out of class, you know, because you’re putting yourself out there. I was so impressed by the bravery of lots of students because they were like, “My parents don’t support this at all. They, you know, like they like Trump and stuff like that”. And still they were there. So I think having that clarity is really important.
What are some final takeaways you would like readers of the blog to leave with?
For me, the walkout was super heartening because I was just so impressed by, you know, Westmount’s students’ courage and articulation and how willing they were to do something that is scary and even for some of them dangerous, to stand up for themselves and their peers. I think I was really heartened by how people really came together as a community to support one another, because I think that is a really important thing to do when your government isn’t helping you out equally.
Likely, this legislation will pass, and so the next phase, in addition to trying to fight the legislation, is trying to find ways to support one another because it’s a difficult time. I really hope that people who haven’t been involved in this already start to get curious because, from the beginning, it has never just been about trans kids’ rights. And especially now, we can see that pattern of behaviour of the government of encroaching upon people’s rights for political gain.
As early as possible, people need to start standing up for charter rights. I also think it’s important to just stand up for people in your community who are being legally disadvantaged right now. And that might just be being like, hey, I care about you, I see you. That’s important too.
Final Remarks
Bill 9 is not only threatening to the Transgender community, but it is a brutal awakening of the collapse of Canadian democracy. In times like these, when the government is adamant on steamrolling over our charter rights, we must work together. But also simply support each other. As the next generation, it is our duty to speak up when we see injustices; political action does not begin when you turn 18, and you gain the ability to vote. Citizenship and participation in democracy are rights that, try as they might, they cannot strip from us.
TL;DR
This past week, the Alberta Government has tabled Bill 9, a piece of legislation that, if passed, will utilize the notwithstanding clause to protect Bill 26, 27 and 29, which restrict the Trans Community. Students of Wetsmount Charter organized a walkout on Thursday, November 20, to show that they are not willing to sit by and watch idly as the government makes these decisions for trans children. Later that day, supporters and advocates gathered in downtown as well to show their support.
In an interview with Sammy Brigden, organizer of the protest, we spoke about the importance of youth standing up for our democratic rights and the effects of this legislation that will affect the future of the trans community and Albertans everywhere.