Category: Constitutional Page 1 of 74

Legislation Commented On: Back to School Act, SA 2025, c B?0.5; Protecting Alberta’s Children Statutes Amendment Act, 2025, SA 2025, c 24

PDF Version: The Notwithstanding Clause x 4 in Alberta: Now What?

As discussed previously on ABlawg, in the space of one month in late 2025 the Alberta government invoked the notwithstanding clause in section 33 of the Charter four times through two different statutes: the Back to School Act, SA 2025, c B?0.5 (BTSA) and the Protecting Alberta’s Children Statutes Amendment Act, 2025, SA 2025, c 24 (PACSAA). The BTSA ended the Alberta teachers’ strike and lockout, ordered the teachers back to work, imposed “collective agreements”, and prohibited further strikes and lockouts with hefty penalties attached (see this post by Shaun Fluker et al). The government used section 33 to declare that the BTSA shall operate notwithstanding sections 2 and 7 to 15 of the Charter (section 3) and purported to oust the jurisdiction of courts to hear constitutional challenges related to the legislation (section 14). The PACSAA amended three Alberta statutes that target the rights of trans and gender diverse youth by restricting access to gender-affirming health care (Health Professions Act, RSA 2000, c H-7, ss 1.91 and 1.92), prohibiting use of gender-affirming names and pronouns at school without parental consent / notification (Education Act, SA 2012, c E-0.3, s 33.2; see also amendments that limit access to education on sex, sexuality and gender identity), and limiting participation in “women-only” sports (Fairness and Safety in Sport Act, SA 2024, c F-2.5) (see this previous post). The amendments in the PACSAA again declare that these three statutes shall operate notwithstanding sections 2 and 7 to 15 of the Charter. Pursuant to section 33(3) of the Charter, declarations such as those in the BTSA and PACSSA cease to have effect five years after they come into force. The BTSA and the PACSAA also declare that they apply notwithstanding the Alberta Bill of Rights, SA 2000, c A-14 and Alberta Human Rights Act, RSA 2000, c A-25.5, but the issues arising from those declarations will not be explored here.

“Declarations of Aboriginal Title Are Not Discretionary”

By Kent McNeil

On February 11, 2026

In Aboriginal, Constitutional, Indigenous, Property, Reconciliation

By: Kent McNeil

Case Commented On: JD Irving, Limited et al v Wolastoqey Nations, 2025 NBCA 129 (CanLII); Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 (CanLII)

PDF Version: “Declarations of Aboriginal Title Are Not Discretionary”

Robert Hamilton has already posted an ABlawg article on the recent New Brunswick Court of Appeal decision in the Wolastoqey Nations case. In it, he does an excellent job of summarizing the issues on the motion to strike the industrial defendants from the proceedings and of critically analyzing the Court of Appeal’s decision. I will therefore focus my commentary on what I regard as another troubling aspect of the decision, namely that a judicial declaration does not necessarily follow from a factual finding of Aboriginal title.

This action was brought by the Wolastoqey Nations against Canada, New Brunswick, and a number of industrial, fee simple landowners who brought the motion to strike to avoid participation in the litigation. On such a motion, the facts alleged in the statement of claim are assumed to be established. The question was thus limited to whether these landowners were proper parties.

Religious Freedom and the Oath to the Sovereign, Revisited

By Howard Kislowicz

On January 16, 2026

In Charter, Constitutional, Equality, Equity, Diversity, and Inclusion, Ethics and the Legal Profession

By: Howard Kislowicz

Case Commented On: Wirring v Law Society of Alberta, 2025 ABCA 413

PDF Version: Religious Freedom and the Oath to the Sovereign, Revisited

On December 16, 2025, the Alberta Court of Appeal overturned a decision of the Court of King’s Bench which had held that the Oath of Allegiance required of candidates for enrolment in the Alberta Law Society did not infringe the religious freedom of the claimant, Mr. Wirring. At the relevant time, the text of the Oath was as follows:

I ________swear I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors, according to law (quoted in Wirring v Law Society of Alberta at para 2).

The Nuclear Option: An Update on Alberta’s Legislation Targeting Trans and Gender Diverse Youth

By Jennifer Koshan

On November 19, 2025

In Constitutional, Equality, Equity, Diversity, and Inclusion, Human Rights, Injunctions, Youth and the Law

By: Jennifer Koshan

Case and Bill Commented On: Egale Canada v Alberta, 2025 ABKB 394 (CanLII); Bill 9, Protecting Alberta’s Children Statutes Amendment Act, 2025, 2^nd Session, 31st Legislature

PDF Version: The Nuclear Option: An Update on Alberta’s Legislation Targeting Trans and Gender Diverse Youth

On November 18, 2025 the UCP government introduced Bill 9, which seeks to amend three statutes that were passed last year restricting the rights of trans and gender diverse youth. The Protecting Alberta’s Children Statutes Amendment Act, 2025 invokes s 33 of the Charter, such that if the Bill is passed, the three statutes will apply notwithstanding several Charter rights and freedoms, the Alberta Bill of Rights, RSA 2000, c A-14, and the Alberta Human Rights Act, RSA 2000, c A-25.5. This is the second time s 33 has been used in recent weeks, with Bill 2, the Back to School Act, SA 2025, c B?0.5, invoking s 33 to end the teachers’ strike and impose a contract on them in late October (see an ABlawg post on Bill 2 by Shaun Fluker et al here).

Back to School Notwithstanding the Charter

By Shaun Fluker

On October 30, 2025

In Constitutional, Education, Labour/Employment, Rule of Law, Statutory Interpretation

By: Shaun Fluker and JD students registered in the Public Interest Law Clinic

Legislation Commented On: Back to School Act, SA 2025 (full citation unavailable at publication time)

PDF Version: Back to School Notwithstanding the Charter

On Monday October 27, 2025, the Minister of Finance Nate Horner tabled Bill 2, Back to School Act, in the second session of the current Legislature, and the UCP government subsequently pushed it through all three readings of the legislative process, effectively passing it on the same day it was introduced. The Back to School Act came into force on royal assent on October 28, 2025. The Act legislates the end of the Alberta Teachers Association (ATA) strike and imposes labour terms between the Province of Alberta and the ATA for 4 years. While this alone warrants significant scrutiny, section 3 of the Act goes further and pre-emptively invokes the Charter’s notwithstanding clause (section 33), immunizing the Act from being struck because it unlawfully infringes sections 2 and 7 to 15 of the Charter. This post explains why the Back to School Act remains justiciable, which is to say, a law still amenable to judicial scrutiny.