The president of the Alberta Medical Association is reacting to the provincial government’s decision to introduce a bill that invokes the notwithstanding clause in three laws affecting gender-diverse youth in health care, education and sports.
In a statement, Brian Wirzba said he is concerned about how Bill 9, the Protecting Alberta’s Children Statutes Amendment Act, will affect young Albertans dealing with gender dysphoria and grappling with physical, emotional and social challenges. With Bill 9 and the use of the notwithstanding clause, those youth now face new uncertainty.
“Mental health issues can be exacerbated by societal reaction to their gender questioning and how they express it,” Wirzba said. “This legislation seeks to override a very recent Alberta court ruling that protects puberty-suppressing treatments for under-18s who are gender questioning or seeking gender-affirming care, and that found these very provisions will result in irreparable harm to young Albertans.”
Wirzba said that by introducing the bill and invoking the notwithstanding clause, the UCP government has essentially stepped into the exam room — for some young patients, that is the first and only safe space they have.
“Government is placing itself directly between a young patient and their physician.”
“No matter your personal views on gender-affirming care, this event will have a chilling effect on our members. This strikes at the core of the four pillars of medical ethics by undermining patient autonomy, preventing physicians from offering beneficent care, risking maleficence by hindering medically necessary treatment, and resulting in unjust care for a vulnerable population.”
He added that Albertans should be concerned the government is intruding on confidential medical discussions, interfering in therapeutic decisions, discarding evidence-based standards that have supported children and families in a safe and responsible manner, and blocking care for a population in need of support.
“When a government grants itself licence to override physician judgment and patient consent, who — at any stage of life — will be next?” Wirzba said.
On Tuesday, the UCP introduced the bill, which would amend the Health Statutes Amendment Act, the Education Amendment Act, and the Fairness and Safety in Sport Act. According to the government, the bill will ensure provisions in these laws can be implemented without uncertainty or court delays.
Premier Danielle Smith said the laws will help ensure children reach adulthood before making what she called “life-altering decisions.”
“By invoking the notwithstanding clause, we’re ensuring that laws safeguarding children’s health, education and safety cannot be undone — and that parents are fully involved in the major decisions affecting their children’s lives,” she said.
Justice Minister Mickey Amery added that the legislation reflects the views of a majority of Albertans and will ensure it can be implemented without being overturned or delayed in the courts by activists.
“The notwithstanding clause reinforces democratic accountability by keeping decisions in the hands of those elected by Albertans,” Amery said. “By invoking it, we are providing certainty that these protections will remain in place and that families can move forward with clarity and confidence.”
In his statement, Wirzba said the move by the provincial government appears intended to override a recent Alberta court ruling that protected puberty-suppressing treatments for under-18s. He noted the ruling found that denying such care “can result in irreparable harm” to gender-diverse youth.
