Canadian Medical Association to challenge Alberta gender-affirming healthcare bill in court

Alberta’s Bill 26, which directs doctors on how to deliver gender-affirming care to minors in the province, is in the spotlight once again.

The Canadian Medical Association (CMA) and three Alberta doctors are filing a constitutional challenge to the bill, also known as the Health Statutes Amendment Act.

The organization says Bill 26 is a “historic and unprecedented” intrusion into the doctor-patient relationship that “requires doctors to follow the law rather than clinical guidelines, the needs of patients and their own conscience.” The CMA explains it is going ahead with this legal action to protect the relationships between patients, their families, and doctors when it comes to making treatment decisions.

“Medicine is a calling. Doctors pursue it because they are compelled to care for and promote the well-being of patients,” CMA president Dr. Joss Reimer said in a Wednesday press release. “When a government bans specific treatments, it interferes with a doctor’s ability to empower patients to choose the best care possible.”

Calgary physician Dr. Jake Donaldson, who provides gender-affirming care to about 40 youth, says this legislation has put him and many of his colleagues “in a state of moral crisis.”

“These patients are a vulnerable group that already face significant and disproportionate discrimination, violence and mental health challenges,” he added. “Bill 26 commands physicians to stand on the sidelines and watch them suffer.”

The CMA adds it felt it had no choice but to step in “before this kind of political interference expands to other national health issues, such as vaccination, reproductive health, medical assistance in dying, or even cancers or surgeries resulting from lifestyle choices.”

An application has been filed by the CMA with the Court of King’s Bench for a judicial review. The group believes Bill 26 and its proposed changes violate the freedom of conscience of physicians in Alberta contrary to the Charter of Rights and Freedoms.

“Protecting freedom of conscience in medical practice ensures doctors can provide medical guidance and treatments in the best interest of patients, without facing disciplinary action,” it adds.

CMA adds to list of legal challenges

This isn’t the first time the bill has been the subject of legal challenges by advocacy groups.

In December, Egale Canada, Skipping Stone, and five Alberta families submitted court action, citing various Charter violations including right to security of the person, right to be free from cruel and unusual treatment, and the right to equality.

Those groups also argued the bill violates the then newly amended Alberta Bill of Rights, including the right to not be subjected to, or coerced into receiving medical care, medical treatment or a medical procedure without consent.

The Opposition NDP agrees, saying the government shouldn’t be preventing safe medical treatment that has been agreed upon by medical experts and parents.

“The new CMA legal challenge to Bill 26 is about defending parental and human rights,” said NDP Shadow Minister for Health, Sarah Hoffman. “I’m pleased to see doctors stand with their patients in opposing this UCP law.”

Heather Jenkins, the press secretary for the justice minister’s office, says the province introduced Bill 26 to “protect and preserve children and youth from potentially irreversible decisions.”

“Alberta’s government will vigorously defend our position in court,” she continued.

Bills prohibit ‘top’ surgery, put limits on sexual education

The three bills impacting transgender Alberta youth passed with the third and final legislature readings in the first week of December.

Amendments to the Health Professions Act ban health professionals — doctors, nurses and nurse practitioners, surgeons, and pharmacists — from performing sex reassignment surgeries on minors or providing them with puberty blockers and hormone therapy. Provincial officials have previously confirmed bottom surgery isn’t currently performed in Alberta and top surgery is rare.

Exceptions can be made for those who have already started treatment, and 16 and 17-year-olds can start puberty blockers and hormone therapy with parental, physician, and psychologist approval.

As of Sept. 1, Alberta parents will have have to opt-in for their child to receive sexual education in school, under this legislation, and be notified by school officials if their child younger than 15 asks a school staffer refer to them by a new name or pronouns at school.

Students aged 16 and 17 who ask to be referred to with a different name or pronoun at school will have to have their parents notified, but don’t need their consent.

Also expected this fall is the implementation of rules that would ban transgender women from participating in female sports, including amateur competitive sport, college and university athletics and independent academic institution leagues.

Support available

Youth and young adults can call or text Kids Help Phone for 24-7 support, information, and referrals to services.

Several supports are also available for 2SLGBTQ+ youth in Alberta through the Canadian Mental Health Association.

In Calgary, Skipping Stone offers various resources for trans and gender diverse youth, adults, and families who require support.

660 NewsRadio has reached out to the province for comment.

-With files from The Canadian Press