# Countermeasures to oppose Alberta's use of the notwithstanding clause to exclude transgender athletes from women's sport

## TL;DR

This paper discusses legal strategies to challenge Alberta's ban on transgender women and girls in women's sports in Canada.

## Contribution

The paper introduces legal countermeasures to oppose the use of the notwithstanding clause in Alberta's transgender athlete ban.

## Key findings

- Legal countermeasures include constitutional and corporate laws.
- Privacy law and administrative law can also be used to oppose the ban.
- Sport organizations and the federal government can use these strategies to protect transgender athletes.

## Abstract

In Alberta, Canada, the provincial government has enacted legislation to ban transgender women and girls from participating in women's sport. The government invoked the notwithstanding clause in the Canadian Charter of Rights and Freedoms to shield the ban from legal challenge for violating the right to non-discrimination, among other constitutional rights. Various countermeasures are available to the Canadian sport system to oppose Alberta's ban and circumvent its use of the notwithstanding clause. These countermeasures involve constitutional and corporate laws, the federal government's spending powers, privacy law, and administrative law. Sport organizations, the federal government, and athletes can pursue these countermeasures to ensure that affected transgender women and girls are not unfairly denied the opportunity to participate in women's sport.