Alberta Appeals Injunction Against Legislation Restricting Gender Transition Procedures for Youth

Alberta’s government has appealed a temporary court injunction of legislation that restrict gender transition procedures for youth.

Court of King’s Bench Justice Allison Kuntz granted a temporary injunction against the Health Statutes Amendment Act in June, saying it raises serious issues that need to be heard in court.

Kuntz also said she wanted to prevent “irreparable harm” to young patients, adding the injunction would protect youth while the issue is further examined.

Premier Danielle Smith’s government passed the law in December 2024. It is one of three pieces of legislation that deals with gender issues in the province, including transition procedures for youth, regulations for transgender athletes in female sports, and parental rights in schools.

The Act bans gender transition surgeries for those younger than 18 years. It also prevents the use of puberty blockers and hormone therapies for children 15 years and younger.

Egale Canada and the Skipping Stone Foundation, along with five Alberta families, filed a Charter challenge asking for the court injunction.

Smith’s government filed an appeal against the injunction in July. It argues the injunction was premature as the law was not fully in effect.

The appeal claims Kuntz erred and “mixed fact and law” when ruling that the legislation would cause irreparable harm.

Smith previously said that she believes the Act strikes a fair balance.

She said that there are “all kinds of restrictions” on minors because “we want to make sure that they are at full capacity to be able to make decisions that are going to be consequential to them.”

Smith also said it was in a child’s best interest to make sure “when they’re making decisions that is not reversible” that it is done at an age where “they’re prepared to live with the consequences of that.”

Eagle Canada called the injunction a “historic win” that allows young people in the province to “live authentically in safety and freedom.”

“Everyone deserves the ability to access health care and participate fully in their communities,” it said in a June 27 news release.

The premier has said she would use the Charter’s notwithstanding clause “as a last resort” to ensure the legislation is implemented.

Judicial Review

The Canadian Medical Association (CMA) and three Alberta doctors filed a constitutional challenge against the legislation in May.

The CMA said it wanted a judicial review of the legislation, saying it infringes upon physicians’ Charter right to freedom of conscience.

A judicial review is when a court examines a government bill to determine if it violates the Constitution.

CMA President Dr. Joss Reimer said when governments ban treatments, it “interferes” with a doctor’s ability to “empower patients to choose the best care possible.”

At the time, Alberta Minister of Justice press secretary Heather Jenkins told The Epoch Times the province was ready to defend the legislation in court.

Jenkins said the Act was to protect and preserve youth “from potentially irreversible decisions.”

The Canadian Press contributed to this article.