And another new post from guest author Kent McNeil on issues surrounding recognition of Aboriginal title in Wolastoqey Nations v NB and Canada.

This post went up earlier this week and deals with the arcane but fascinating topic of “received law” in Alberta. Meaning received from the colonizers, and surprisingly, still applicable in some instances. We are lucky to have @ablawreform.bsky.social to delve into such topics.

“The fact that this tragic event in #TumblerRidge immediately inspired calls for restrictions on gender-affirming care and trans rights at large in Canada should raise huge alarm bells for trans people and our allies.”

Horrified at the misinformation and hate that is being spewed right now. Sending love, strength and solidarity to trans folks and their communities. 🏳️‍⚧️

I agree with my colleagues. The ACLRC is an invaluable part of our legal community. Its Executive Director of 30 years, Linda McKay-Panos, built it into a critical resource. Linda died in 2024, and I am heartbroken to see such callous disregard for her legacy and for civil liberties in Alberta.

"Democracy & justice in Alberta are being threatened. Alberta is being abused by its own government much the same way the United States of America is being abused by its current president." Over 180 Lawyers have penned an open letter calling out Smith's attack on the law. #abpoli #ableg #cdnpoli

“If the Government of Alberta is genuinely concerned about access to justice, it should invest in court infrastructure rather than leverage funding to advance demands that are inconsistent with the Constitution.” Canadian Bar Association #AbLeg cba.org/our-impact/s...

And this! The ACLRC is part of our law school. Part of the community. Supports access to justice in numerous ways. And now another target of the UCP’s ideological warfare.

So Smith claims Alberta has “distinct legal traditions” as the basis of her threat to withhold $$ for new judicial appointments without more say. It increasingly feels like the distinct legal tradition here is absence of the rule of law, though that is pretty new. apple.news/AEaOehjN7TtK...

A statement from Alberta’s chief justices: “A properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution…” This should go without saying, but they had to say it www.albertacourts.ca/kb/resources...

Absolutely! But failing the UCP doing the right thing (!), it is excellent to see advocacy organizations pushing back at the use of the notwithstanding clause. Groups like Egale and Skipping Stone should not have to expend their scarce resources on this, but we are fortunate that they are.

The People's Consultation on AI launched today! Whether you have in-depth expertise in AI issues, or don't consider yourself an "expert" but have firsthand experience with AI or its impacts and want to have your say, this is for you. Participate by March 15, 2026: www.peoplesaiconsultation.ca

“Why should a portion of the interest in a landlord’s trust account stop accruing to the tenant’s benefit and start accruing instead to the landlord’s benefit just because the tenancy ended? … Why should it now have the free use of a tenant’s money as an investment?”

New Post: The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands ablawg.ca/2026/01/14...…nd-private-lands/

Equality nerds! Joshua Sealy Harrington and I wrote a chapter on s 15 of the Charter for The Canadian Constitutional Law Open Access Casebook, 2nd ed (Richard Moon, Howard Kislowicz, and Asha Kaushal, eds), that is now available on SSRN as a handy reference: ssrn.com/abstract=603....

This year's @ablawg.bsky.social year in review post has lots to say about the state of democracy in Alberta and elsewhere, a major theme on the blog this year. Wishing all our readers a 2026 in which state actors are held to the highest standards of democratic accountability and justice.

Beyond the Lecture Hall is a terrific podcast hosted by @robertalexier.bsky.social & Lee Easton. Earlier this month they facilitated a discussion on the UCP's use of the notwithstanding clause with @profsmithsask.bsky.social, Victoria Bucholtz & me. Listen in at: open.spotify.com/episode/5oCI...

The Wirring decison is out. The Alberta Court of Appeal held that the requirement that candidates for enrolment with the Law Society of Alberta take an Oath of Allegiance infringes the appellant’s religious freedom under s 2(a) of the Charter of Rights and Freedoms. www.canlii.org/en/ab/abca/d... 👏

Sadly I predict a bill targeting universities in the new year. There’s the Mintz report, and Bill 13 limits DEI, cultural competency training and more for professional regulators, as well as the ability to sanction members for expression (this is their “Jordan Peterson” law). We are likely next.

This is a complete, plain language summary of the devastating changes being made to supports for disabled Albertans by the UCP's blandly named Bill 12: The Financial Statutes Amendment Act, 2025, including ideas helping to resist these attacks. #abpoli www.zacharyweeks.ca/blog/bill-12...

The UCP's latest attacks on vulnerable Albertans -- on trans youth in Bill 9 and on disabled Albertans in Bill 12 -- are despicable. Using their majority to ram through this law that destroys human rights in the middle of the night with minimum discussion suggest they know how bad they are. #abpoli

December 10 is International Human Rights Day, and only last night the UCP rammed through Bill 9, which adds the notwithstanding clause to three statutes that limit the rights of trans youth. Hansard isn't available yet, but the NDP reports that those in the government caucus joked while doing so.

The UCP’s branding of Bill 13 as the “Jordan Peterson” law takes on a whole new meaning with this revelation. How can we possibly tolerate a second law in this man’s name?

Great to see Amy Matychuk back on the @ablawg.bsky.social roster!

To take another example, Fraser #2 is now before the courts. Although the SCC found the RCMP violated substantive equality by not providing pension buyback rights to job sharing members, mostly women, the RCMP refused to apply the ruling to part-time members. Guess what? Also mostly women. Sigh.

Just saw this important film today. Thanks to the Calgary Underground Film Festival, Calgary Public Library and Justice Film Society for bringing the documentary to Calgary. Hug a librarian today, they are on the front lines of the ideological battleground that is book bans. 💜

“Allusions to scientific evidence are hard to swallow from a caucus that has more MLAs who compared trans children to excrement than who have medical degrees.”

Thousands of folks at the MacDougall Centre saying No to Notwithstanding on Trans Day of Remembrance 🩵🩷🤍

Freedom of expression for me but not thee. Bill 13 read next to Bills 2 and 9 leaves no doubt that this is an ideological rampage the UCP is on. #abpoli #ableg

A rally against Bill 9 and the use of the Notwithstanding Clause by the Alberta government is being organized by Queer Citizens United in Calgary. Tomorrow - Thursday, November 20 5 - 7 PM McDougall Center (455 6 St SW, Calgary) www.instagram.com/p/DRNqzbTEhDI/

That the Alberta Govt invoked the notwithstanding clause for this during Transgender Awareness Week is the chef’s kiss of cruelty. Please support Skipping Stone’s legal fund

One of the “activist” groups the premier refers to is the Canadian Medical Assn. The other two, Egale + Skipping Stone, backed up their injunction claim with reams of medical and other evidence. Evidence that the gov’t itself is lacking. The UCP is the real activist here. ablawg.ca/2025/11/19/t...

Want to know what trans youth really want and need? Read our report, which is the most comprehensive research conducted in Alberta. Making legislative changes without actually consulting with the young people most impacted in immoral & unethical. www.macewan.ca/c/documents/...

Invoking the Charter's notwithstanding clause means the UCP are trying to avoid justifying their ban as a reasonable limit under s 1 of the Charter, even as they claim they are taking an evidence-based approach to protecting trans & gender diverse youth. Can't back that claim up, premier? #abpoli

This post details what's at stake in the UCP's invocation of the Charter's notwithstanding clause to override the rights of trans and gender diverse youth. The government had other options, and to use the nuclear option of s 33 calls into question its confidence in its ability to justify its laws.

Harmful and inaccurate. Bill 29, the Fairness and Safety in Sport Act, applies to adult athletes too (those who are trans or suspected of being ‘not female at birth’). Bills 26, 27 & 29 have inconsistent objectives (parental rights! no parental rights!) and are as chaotic as the rollout of Bill 9.

First Monday, then Wednesday, but Tuesday was the day the UCP invoked s 33 to override the rights of trans + gender diverse youth. If it really believed it had strong evidence to “protect” youth it would have used s 1 of the Charter in ongoing litigation. Watch for my @ablawg.bsky.social post tmrw.

Wondering why the UCP is waiting until Wednesday to strip trans rights using the notwithstanding clause? The Auditor General is releasing his report into the Dynalife fiasco on Wednesday. www.oag.ab.ca/news-section... They don't think Albertans can chew gum and walk at the same time.

And here we have a possible explanation for the delay. Seems Wednesday is the day: bsky.app/profile/theb...

The Bill that will invoke the s 33 notwithstanding clause in relation to legislation restricting the rights of trans and gender diverse youth was not introduced today. The UCP also appeared to have their supporters on this issue in the Leg today, so this is a bit of a mystery. Anyone know why?

There are trans folks and allies being introduced in the gallery, so it appears that the speculation about a Bill being introduced that will invoke the notwithstanding clause to override the rights of trans and gender diverse youth was accurate. To be continued...

Watching the Alberta Legislative Assembly live online. How did I not know it begins with a prayer to "Our Lord"? And the speaker almost forgot to read the land acknowledgement, to which he claimed "my bad." 😐

There is speculation the UCP will invoke the notwithstanding clause tomorrow for its 3 laws restricting the rights of trans and gender diverse youth. This requires legislative amendment so will need to be voted on by the Leg. It is Transgender Awareness Week and this timing is beyond shameful.

We are coming up on our year in review on @ablawg.bsky.social and here we see @davevwright.bsky.social making a play for best title of the year.

Important post from my @ucalgary.bsky.social law colleague David Wright. #cdnpoli

On this 1st day of Trans Awareness week, here is a list of resources from our faculty providing legal analysis of anti-trans laws/policies (looking at you AB & SK). These resources are produced by allies, and it is also crucial to listen to voices from trans communities: egale.ca/egale-in-act...

Also, “what might happen when a government sees every challenge as a nail, and loves the hammer it holds in its hand.” Actually, loves the sledgehammer (of s 33) is even more apt.

While the motion to expedite the leave application was granted, the UR Pride case will be heard separately from English Montreal School Board v AG Quebec. Seems a little surprising given the similarity of the S 33 issue, but the Bill 21 case must march on I guess decisions.scc-csc.ca/scc-csc/scc-...

Having fought an ATI request for my research I learned more about this than I ever wanted to know. Research is exempted from disclosure in AB and other provinces based on academic freedom. Federally the ATIA has some protection for research. But that can be overridden by Parliamentary privilege? 🤯

Not happy about this at all. But can we please stop calling it child porn? If a short form is needed, how about CSAEM (child sexual abuse + exploitation material)? True, the SCC was dealing with the offence of child pornography before it was amended to CSAEM, but "porn" unnecessarily diminishes it.