Alberta Court Grants Injunction Against Legislation Banning Gender Transition Procedures for Youth

An Alberta court has granted an injunction against a provincial law that would prevent doctors from offering gender transition surgeries and medications to youth.

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

The Health Statutes Amendment 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.

In December 2024, Egale Canada and the Skipping Stone Foundation, along with five Alberta families, filed a Charter challenge, asking for a court injunction. The hearings for the injunction were held in March in Calgary.

Alberta Court of King’s Bench Justice Allison Kuntz granted a temporary injunction against the law on June 27, saying in her written judgement that the law raises serious issues that need to be heard in court.

Kuntz said that a temporary stop to the law was needed to prevent what she calls “irreparable harm” for young patients. She said the injunction would protect youth while the issue is further examined.

She said that denying youth access to the medical treatments could cause them to experience permanent physical changes that do not match with the gender they identify with.

“Intentionally or not, the ban will signal that there is something wrong with or suspect about having a gender identity that is different than the sex you were assigned at birth,” she wrote.

The Epoch Times attempted to contact the Government of Alberta but did not immediately hear back.

Opposition NDP Leader Naheed Nenshi said he was “pleased” with the court decision.

“The court has determined what we already knew, that this ban could cause irreparable harm to gender diverse young Albertans,” Nenshi said in a statement shared on the X social media platform.

He said the Act had always been “wrong” and “unconstitutional.”

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

Smith 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.”

“We believe that the child’s best interest is served by making sure that when they’re making decisions that is not reversible until they’re of an age where they’re prepared to live with the consequences of that,” Smith said.

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

Constitutional Challenge

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

The CMA said it was seeking a judicial review of the legislation on the grounds that 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 physician’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 bill was introduced to protect and preserve youth “from potentially irreversible decisions.”

The Canadian Press contributed to this article.