The Canadian Medical Association and three Alberta doctors have filed a constitutional challenge against provincial legislation prohibiting gender transition procedures for minors.
The Health Statutes Amendment Act, known as Bill 26 before it was passed in 2024, bans gender transition surgeries for those younger than 18. The act also prohibits puberty blockers and hormone therapies for children 15 and younger.
The Canadian Medical Association (CMA) says it filed an application with the Alberta Court of King’s Bench on May 28 seeking a judicial review of the legislation on the grounds that it infringes upon physicians’ Charter right to freedom of conscience.
A judicial review occurs when a court is asked to examine a government bill to determine if it violates the constitution.
The CMA called the act an “unprecedented government intrusion” into the relationship between doctors and patients.
“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 May 28 release. “When a government bans specific treatments, it interferes with a doctor’s ability to empower patients to choose the best care possible.”
Alberta Minister of Justice press secretary Heather Jenkins told The Epoch Times the province is ready to defend its legislation in court.
“Bill 26 was introduced to protect and preserve children and youth from potentially irreversible decisions,” Jenkins said in an email. “Alberta’s government will vigorously defend our position in court.”
Premier Danielle Smith previously said the purpose of the legislation is to prevent children from undergoing irreversible procedures, where the “benefits and risks are not fully understood.”
The legislation was one of three bills introduced by the Alberta government in October 2024 to deal with gender transition procedures for youth, transgender athletes in female sports, and parental rights in schools.
One bill requires schools to seek parental consent for students aged 15 and younger who want to change their names or pronouns. Students 16 and older do not need parental permission for the change, but parents must be informed.
Parents must also be notified each time material in the classroom will deal with gender identity, sexual orientation, or human sexuality. Parents will need to opt children into the lessons rather than opt out, which was the previous standard practice.
The final piece of legislation requires female-only sports divisions. Transgender athletes will be permitted to compete in co-ed divisions.
The CMA legal challenge is not the first the Alberta government has faced regarding the legislation. Egale Canada and the Skipping Stone Foundation, along with five Alberta families filed a Charter challenge last December against all three bills. The group also asked for a court injunction. Hearings for the injunction were held in Calgary in March, but the judge has yet to make a ruling.
Smith previously said she thinks the bills strike a fair balance. She has also noted that the Charter allows for limits on rights.
“We have all kinds of restrictions on the ability of minors to make decisions. And we do that 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,” the premier said in December.
Smith has also said she would use the Charter’s notwithstanding clause “as a last resort” to ensure the legislation is implemented.
The Canadian Press contributed to this report.
Friends Read Free
Copy
Facebook
Tweet
