Judge grants injunction request blocking Alberta’s gender-affirming care legislation
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.”
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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.
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 United Conservative government in the fall.
–with files from The Canadian Press’ Lisa Johnson
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