Judge grants injunction request blocking Alberta’s gender-affirming care legislation | Globalnews.ca
Organizations that advocate for members of the LGBTQ2 community are calling a court injunction preventing the Alberta government from banning gender-affirming treatment for people under 16 “a historic win.”
Egale Canada welcomed the decision in a news release on Friday afternoon. Egale along with a group called Skipping Stone and several Alberta families have argued that gender-affirming care legislation introduced in Bill 26 will cause harm.
“As we have long argued, the government should never interfere in the medical decisions of doctors and patients or prevent parents and youth from deciding what medical care is right for them,” Egale Canada said. “Everyone deserves the ability to access health care and participate fully in their communities.
“We are grateful that the court has acted to protect access to critical medical care.”
When she issued the temporary injunction, Justice Allison Kuntz said the legislation raises serious issues that need to addressed in court and that her decision was in order to prevent “irreparable harm” for young patients until the issues at play are addressed.
The organizations filed documents to seek the injunction with the Court of King’s Bench of Alberta in late 2024.
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Global News reached out to the Alberta justice minister’s office for comment on the ruling. Heather Jenkins, the press secretary for Justice Minister Mickey Amery, replied with an email that noted Bill 26 “was passed to protect children and youth when making life-altering and potentially irreversible adult decisions about their bodies.”
“Alberta’s government will continue to vigorously defend our position in court and is considering all options with respect to the court’s decision,” she said.
Opposition Leader Naheed Nenshi said the court decision is great news “for young Albertans who simply want to live authentically and safely.”
“This UCP government needs to commit to providing all youth, including gender diverse youth, the care and respect they deserve, just like all Albertans,” read part of a statement issued by the Alberta NDP leader.
The LGBTQ2 groups involved in the case had argued that changes to health law violate gender-diverse young people’s Section 7 Charter right to security of the person, their Section 12 right to be free from cruel and unusual treatment and their Section 15 right to equality.
They also argued it violates the Alberta Bill of Rights.
Bill 26 is one of three pieces of legislation affecting transgender people passed by Alberta’s government in the fall.
–with files from The Canadian Press’ Lisa Johnson
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