Lawyers for two LGBTQ+ advocacy organizations are in court Monday for the first step in their fight against the Alberta government’s transgender law that prevents doctors from providing gender-affirming treatments, including puberty blockers and hormone therapy for youths under the age of 16.
Egale Canada and Alberta’s Skipping Stone Foundation, joined by the families of five gender-diverse Alberta youths, launched the legal action against the provincial government in December after Bill 26 received royal assent. It has not yet been proclaimed.
The groups are challenging the constitutionality of the bill and seeking an injunction that would protect youth access to the health care in question while the courts decide whether the law is constitutional.
Egale has called the Alberta government’s actions “unprecedented” and ” sweeping attack on the rights, safety and freedoms of 2SLGBTQI people in Alberta.”
The organization argues it is unconstitutional to deny medical care on the basis of being gender diverse and is a violation of the teens’ Charter rights to security of the person and their right to equality.
A spokesperson for the justice minister previously said it would be inappropriate to comment on the case as it’s before the courts but did say the legislation “strikes an apportioned balance.”
In December, Smith said the bill is necessary to protect children.
“We don’t allow them to smoke, we don’t allow them to do drugs, we don’t allow them to drive. So we think that making a permanent decision that will affect one’s fertility is an adult decision,” Smith said.
Smith has previously expressed confidence that her government’s bill will withstand the Charter challenge but said the notwithstanding clause is on the table as “a last resort.” It’s a constitutional measure which allows a government to override certain Charter rights for up to five years.
Part of Bill 26 includes a ban on gender-affirming “top” surgery for youths, a rule which is already in effect.
Bill 26 is one of three transgender laws the government seeks to implement.
The Education Amendment Act will see a requirement for parental consent for children under 16 to change their names or pronouns at school, and for parental opt-in for their kids to be taught lessons on sexuality, sexual orientation and gender identity.
The Fairness and Safety in Sports act — banning transgender athletes from competing in female mature sports — is also set to become law. As part of the new legislation, sports organizations will also be required to report eligibility complaints to the government.
