Alberta United Church Leaders Respond to Use of Withstanding Clause

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Leaders from both Chinook Winds and Northern Spirit Regional Councils in Alberta have written Premier Danielle Smith and other elected Alberta government representatives urging immediate reconsideration of legislation that restricts transgender people’s rights and uses the notwithstanding clause.

We invite you to read the full letter below and also to join us in encouraging the Alberta government to reconsider these laws that clearly infringe on human rights.

Dear Premier Danielle Smith, 

We, the Northern Spirit and Chinook Winds Regional Councils of The United Church of Canada, represent many active Christian communities of faith across Alberta, communities who believe that God’s love is expressed most fully through inclusion, equity, human rights and, above all, love.

The United Church of Canada honours God by fully celebrating the gifts and diversity of all its members and leaders, including those of different sexual orientations and gender identities. It believes there is a place at the table for everyone.

Our work – our calling – follows Jesus’ command to love one another as we would love ourselves. To protect those who are most vulnerable among us. To speak truth to power, especially when power is being abused – to overturn the tables in the temple, so to speak.

More and more, we find ourselves living in a province where human rights only apply to some Albertans, not to all. Every time a conservative government invokes the notwithstanding clause, a human right guaranteed by the Charter dies. Our faith leads us to condemn your unprecedented use of Section 33, the notwithstanding clause, to pass legislation that would otherwise be prohibited by the Charter. Such a society is not in keeping with the commandment to love one another.

It is a slippery slope.

In Canada, in the past six years, four premiers have invoked the notwithstanding clause to impose their will to pass laws that infringe on rights and freedoms. It has been used sparingly in Alberta over the 43 years of its existence, yet, you invoked for the second, third and fourth time within a month, following your misuse of it to end the teachers’ strike.

And here we are again, a mere month later, with you using it to deny transgender people a right to health care, to call themselves the way they identify, and to participate in the activities that align with their identity. We remain outraged at your claim that using the notwithstanding clause protects Albertans in any way.

Protective actions work to reduce harm and pain and increase safety and space. Mandating that teachers and parents silence children and youth’s understanding of themselves and the world is not protective action. Mandating that some humans have rights that others need not have is not protective action. This legislation violates transgender people’s human rights to safe and accessible medical care and to public and safe education. You said, “I support you in becoming the person that you want to be or who you already are, and as premier of this province, I will ensure your rights are always protected.”

What did you mean by that?

Since your recent use of the clause to restrict the rights and freedoms of transgender people in Alberta, we are already witnessing the negative impact of Bills 26, 27, and 29.

We reject a society where the rights of some take precedence over the rights of others.

We believe in compassion and justice, specifically Jesus’ guidance to us when it comes to those who are vulnerable or at risk. We believe Alberta is better than this misguided attempt to crush “the other.” We believe Albertans want their government to treat all people equitably, to protect everyone’s human rights.

We urge you to reconsider these laws, which clearly infringe on human rights. We urge you to stop using the notwithstanding clause as a way to override these rights. We stress that it is our faith in God, our call from Jesus and the courage from the Holy Spirit that we believe empowers and demands that we cry out against these unjust laws.

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Sincerely,

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