Please read the following statement on behalf of Jillian Gamez, ACTLA Board Chair:

The Alberta Civil Trial Lawyers Association (ACTLA) reaffirms its commitment to safeguarding the rights and freedoms that protect all Albertans. Considering the recent use of the notwithstanding clause, including its invocation in Bill 9, we express our concern about relying on this extraordinary constitutional mechanism in a pre-emptive manner.

The notwithstanding clause was designed to be used only in exceptional circumstances and only after meaningful judicial consideration. Resorting to it before courts can review the issues at stake risks weakening essential Charter protections and the balance of powers that upholds the rule of law.

We stand in solidarity with the Canadian Bar Association’s Alberta branch, whose recent statements underscore the importance of restraint, deliberation, and respect for constitutional processes. These principles align with ACTLA’s mission to promote access to justice and defend the legal rights of all Albertans.

We urge that the use of the notwithstanding clause remain rare, carefully justified, and never a substitute for the vital role of independent judicial review.