The Alberta government said it is considering “all options” following a decision by the Court of King’s Bench to grant an injunction to legislation that prohibits gender transition procedures for minors.
Justice Allison Kuntz granted the injunction on June 27, following a Charter challenge from Egale Canada and the Skipping Stone Foundation, and with five Alberta families, over the Health Statutes Amendment Act. 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.
Kuntz said that the issues raised by the law needed to be heard in court. She said that a temporary stop to the law was needed to prevent “irreparable” harm for youth.
Heather Jenkins, spokesperson for the minister of justice, told The Epoch Times in an email that the province was considering next steps.
She said the act had been passed “to protect children and youth when making life-altering and potentially irreversible adult decisions about their bodies.”
Jenkins said the government will “vigorously” defend its position in court, and was “considering all options with respect to the court’s decision.”
Alberta Premier Danielle Smith said during her weekly radio show on June 28 that she believes her government’s case is evidence-based and that it will stand to scrutiny, adding that she welcomes a debate in court proceedings.
Opposition NDP Leader Naheed Nenshi said he was “pleased” with the court decision, calling the act “wrong” and “unconstitutional” in a post on the X platform.
He also said that the ban on gender transition procedures would cause “irreparable harm” for “gender diverse” youth in the province.
Premier Smith has previously said that she believes the legislation strikes a fair balance.
She has noted that there are all kinds of restrictions on minors to ensure “they are at full capacity to be able to make decisions that are going to be consequential to them.”
Smith said the ban on the procedures was in the best interest of children, and ensured that they were not making decisions that were “not reversible” until they were of an age where they were “prepared to live with the consequences of that.”
The premier has also said that she would use the Charter’s notwithstanding clause “as a last resort” to ensure the legislation is implemented.
In Saskatchewan, Premier Scott Moe used the notwithstanding clause for policy surrounding parental rights in the province. The policy, introduced in August 2023, required schools to notify parents if students under 16 years of age want to change their name or pronouns. A court challenge was launched by an LGBT peer support group, and the court granted an injunction.
Moe’s government introduced the Parents Bill of Rights in the legislature later that year, using the notwithstanding clause to get the legislation passed.
CMA Lawsuit
Alberta’s government is also facing a legal challenge filed by the Canadian Medical Association (CMA) and three Alberta doctors, who are seeking a judicial review of the legislation, saying it infringes on physicians’ Charter rights of freedom of conscience.
CMA said it filed the lawsuit in May, with president Dr. Joss Reimer saying when governments ban treatments, they prevent doctors from empowering patients “to choose the best care possible.”
At the time, Jenkins told The Epoch Times the government was ready to defend the legislation in court.
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