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

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 <i>Canadian Charter of Rights and Freedoms</i> 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.