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Advocates in Alberta have lost a court battle in their fight against provincial restrictions on medical treatment for transgender youth.
The groups Egale and Skipping Stone had asked a judge to let them make the argument that Premier Danielle Smith’s government acted outside its authority with the law.
Last year, her government used the notwithstanding clause to shield the restrictions from legal challenge.
The 2SLGBTQ+ advocates argued that because doctors who didn’t comply with the new rules face fines or imprisonment, it’s a criminal issue and therefore falls to the federal government — not a provincial one — to oversee.
Smith’s government, however, has said the rule changes are to protect the health and safety of youth and fall within its purview.
On Friday, a Court of King’s Bench judge agreed. Justice Allison Kuntz dismissed Egale and Skipping Stone’s application, saying because the legislation is related to health and safety, it falls within the province’s constitutional control.
“Having determined that the ban falls within Alberta’s jurisdiction, it is unnecessary for me to consider any of the other issues raised by the parties on this application,” Kuntz wrote.
Egale and Skipping Stone said they plan to appeal.
“Every day that [the legislation] remains in force, transgender and gender-diverse young people in Alberta are denied access to medically necessary, evidence-based care,” the groups said in a statement Monday.
Bennett Jensen, director of legal at Egale Canada, says the tabling of Bill 9 in Alberta means ‘a government acted for the first time in Canadian history to use the notwithstanding clause to limit access to health care.’ Bill 9 invokes the clause to shield three transgender-related bills from court challenges — a move that Jensen calls ‘chilling.’
In a statement, Justice Minister Mickey Amery’s press secretary reiterated that the government’s legislation is about preserving the choices of children and youth, strengthening the role of parents, and ensuring fairness and safety in amateur competitive sports.
“Alberta’s United Conservative government will be unapologetic in our commitment to these principles,” Heather Jenkins said.
The legal fight dates back to 2024, when Smith’s government passed a series of laws affecting transgender individuals, including a ban on doctors providing treatments such as puberty blockers and hormone therapy to those under 16.
The groups challenged that law on behalf of five families with transgender and gender-diverse youth.
They say the ban unfairly targets gender-diverse youth, forcing them to undergo puberty that is inconsistent with their gender identity.
In June 2025, they won in court when Kuntz granted a temporary injunction against the health restriction, saying it raised serious Charter issues that needed to be explored.
The judge said at the time the law would likely cause irreparable harm to gender-diverse youth.
In December, Smith’s government invoked the Charter’s notwithstanding clause on the transgender rules.
The clause allows a province to override certain Charter rights for up to five years.
Soon after, Kuntz set aside her original injunction.
The use of the clause prompted the advocacy groups to use the criminal law challenge, which was rejected by Kuntz on Friday.
The decision leaves Egale and Skipping Stone with their original Charter challenge against the health-care law. But that case is now on hold while the Supreme Court of Canada weighs in on a similar case in Saskatchewan.
Saskatchewan Premier Scott Moe’s government has used the notwithstanding clause to shield a law requiring teachers to first seek permission from a student’s parent, if the student is younger than 16, before the student an change their names or pronouns in school.
The Saskatchewan government argued that its use of the notwithstanding clause also meant courts couldn’t assess whether the law violates Charter rights, but the Saskatchewan Court of Appeal rejected that.
The Supreme Court will examine if courts can declare whether the law violates Charter rights even if the law cannot be struck down because of the notwithstanding clause.
Alberta also has a similar pronoun rule in the books, as part of a trio of laws affecting transgender people.
The second is the health law, and the third bans transgender athletes 12 and older from participating in amateur competitive female sports.
