Court rules to block Alberta transgender health-care bill

Two advocacy groups and five families have been granted an injunction blocking a controversial Alberta bill that bans doctors from providing gender-affirming care to minors.

In a Friday decision, the Court of King’s Bench granted the temporary injunction against the UCP government’s Bill 26 that would prohibit doctors from treating individuals under 16 who are seeking transgender treatments.

The judgement from Justice Allison Kuntz says the law raises serious issues that need to be hashed out in court, and the injunction is needed to prevent “irreparable harm.”

The decision blocks the ban on gender-affirming surgery medical procedures, leaving it up to doctors, patients and parents until the court case is finalized.

In a statement to CityNews, the province says they intend to defend their position in court and are “considering all options.”

“Bill 26 was passed to protect children and youth when making life-altering and potentially irreversible adult decisions about their bodies,” reads the statement.

The opposition NDP are calling the bill wrong and unconstitutional.

“The court has determined what we already knew, that this ban could cause irreparable harm to gender diverse young Albertans,” reads a statement from the opposition NDP. “This was never about doing the right thing, it was always about demonizing vulnerable kids to boost Danielle Smith’s political fortunes.”

The law, passed late last year but not fully in effect, would have prevented doctors from providing treatment such as puberty blockers and hormone therapy to minors.

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

The 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.

“As we have long argued, the government should never interfere in the medical decisions of doctors and patients, or prevent parents and youth from deciding what medical care is right for them,” reads a statement from Egale Canada regarding the court’s decision.

Premier Danielle Smith has said she believes the legislation is needed to protect young people from making permanent, life-altering decisions.

CityNews has reached out to the Government of Alberta and are awaiting a response.

With files from The Canadian Press