Chamber’s Stance: Using the Notwithstanding Clause Against Trans Youth Is a Red Flag for All Albertans

The Alberta Government has now done what many of us feared. On Tuesday November 18th, they invoked the notwithstanding clause to push through legislation that targets trans and queer Albertans. You can read in detail about the problematic use of the notwithstanding clause on Egale Canada’s website. We also recommend checking out TransActionAlberta to learn more about the harmful legislation and how we can ensure our voices are heard.

The Alberta government invoking the notwithstanding clause will have immediate, harmful consequences for our community. It also sets a precedent that should worry everyone in this province.

The notwithstanding clause was never meant to be a political shortcut. If they can decide that trans rights don’t matter, they can make the same decision about anyone else. Egale had already commenced an action in the Alberta courts to challenge this legislation. Rather than defend this legislation in Court, the Alberta government has decided to exempt itself from the review of the judiciary. This increasing centralization of power by the Alberta government undermines the rule of law. The hollowing out of constitutional freedoms has targeted the labour movement and the transgender community within a matter of weeks. There is nothing stopping the Alberta government from continuing to assert unilateral power over additional communities or other aspects of the Alberta economy if this overreach is not defended against

Rights become conditional. Charter protections become optional. This is not the Alberta so many of us are working to build.

This matters deeply to our business community. Alberta’s entrepreneurs, employers, creatives, and professionals depend on stability, safety, and opportunity. Instead, we’re getting fear, uncertainty, and division. You cannot build a thriving, inclusive economy while telling part of the population they are less welcome, less protected, or less worthy of dignity. That is not how you grow talent, attract investment, or build strong, resilient communities.

As the Alberta 2SLGBTQI+ Chamber of Commerce, we know Queer and Trans people are an integral part of this province’s economy. We build businesses, hire teams, support our communities, and contribute every day. 

We’ll continue to speak out, organize, and defend our community. And we’ll do it together and with our partners in community. We also know that we cannot fight this alone. Allyship from non-2SLGBTQI+ partners across the business ecosystem is essential. Our members, our allies, our corporate partners, and the broader business community all have a role to play. Your voice, your solidarity, and your willingness to stand up for the rights of your friends, colleagues, employees, customers, and neighbours truly matters. 

Here is one tangible way you can support this work:

We have launched a new initiative that allows members, partners, and supporters to directly fund our advocacy and economic empowerment programs. Your contribution helps us strengthen our response to harmful policy, expand opportunities for queer and trans entrepreneurs, and continue building an Alberta where our community is not only safe, but thriving.

Learn more or contribute here: https://ab-lgbt.com/get-involved/

We are exploring every pathway, strategy, and collective action available to protect our rights, our people, and our future. Stay tuned for more opportunities to grow our network and be part of a movement to build an inclusive 2SLGBTQI+ economy here in Alberta.

Thank you for your continued trust,

Elli McDine (she/her)

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