The impact of the overuse of the notwithstanding clause in Canada—and how it affects our 2SLGBTQIA+ communities

Over the last two years, Alberta and Saskatchewan have used a special legal power—the notwithstanding clause—to protect laws that affect transgender youth. These laws limit access to gender-affirming health care and require schools to get parental consent before using a student's chosen name or pronouns. Critics say these laws break basic rights protected by the Charter and could put transgender and gender-diverse young people at greater risk of harm.

This week on rabble radio, Jack Layton Journalism for Change fellow Bridget Potasky sits down with Aaden Pearson, trans rights legal fellow with the Canadian Civil Liberties Association. The two discuss the use of the notwithstanding clause across Canada and its impact on 2SLGBTQIA+ rights.

To learn more about this issue and about the recent increase in the use of the notwithstanding clause in Canada, read Potasky's latest piece on rabble today.

About our guest

Aaden Pearson is a staff lawyer and Trans Rights Legal Fellow at the Canadian Civil Liberties Association. They develop and coordinate advocacy strategies to advance trans rights in Canada as well as monitor significant developments in this area.

Prior to joining the CCLA, Aaden held a fellowship position with the Law Commission of Canada and was engaged in Canadian law reform. Aaden clerked at the Federal Court of Appeal and was a litigation associate at a boutique law firm practicing in the areas of civil litigation, public interest and constitutional law.

If you like the show please consider subscribing on Apple Podcasts, Spotify, YouTube or wherever you find your podcasts. Please, rate, review, share rabble radio with your friends. It takes two seconds to support independent media like rabble. Follow us on social media across channels @rabbleca.