An injunction targeting provincial legislation that prohibits gender-affirming medical care for youth was heard by a Court of Kings Bench justice on March 10 and 11.
In December, Egale Canada, Skipping Stone and five individual gender diverse youth (represented by their parents) initiated a constitutional challenge to Bill 26, and asked for an injunction to prevent the denial of health care to gender diverse youth while the constitutional case is heard.
The legislation prevents health professionals from prescribing puberty blockers and gender affirming hormone treatments to minors. Amendments also prohibit the provision of gender affirming care that requires surgical intervention, like breast augmentation or chest masculinization, to minors.
The groups and parents argue that Bill 26, which became law on Dec. 5, 2024, violates the charter rights of gender diverse young people in Alberta, specifically their Section 7 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 say the bill violates the newly-amended Alberta Bill of Rights, including the right to equality and the right to not be subjected to, or coerced into receiving, medical care, medical treatment, or a medical procedure without consent.
Stephanie Hodgkins, board chair of Queer Neighbours Society of Red Deer which supports the court challenge, said case against Bill 26 is strong.
"We do have the Charter on our side, and we do have evidence that it's very clearly discriminatory," Hodgkins said.
She said there has been a trend to push back against civil rights in parts of the country, so many Canadians will be waiting to find out what happens in this case.
And hopefully the UCP government will not use the notwithstanding clause to override charter rights to protect the legislation, she added.
