A judge decided on Thursday to lift a restraining order that had been in place since summer against Alberta’s law that prohibits doctors from administering gender-affirming care to minors. The government had sought to remove the injunction after passing Bill 9 recently. This legislation, known as the Protecting Alberta’s Children Statutes Amendment Act, utilized the notwithstanding clause to override Charter challenges and safeguard the province’s three laws concerning transgender youth.
Among these laws is Bill 26, which prohibits doctors from providing gender-affirming treatments such as puberty blockers to individuals under 16. 2SLGBTQ+ advocacy groups Egale Canada and Skipping Stone Foundation, alongside five families, had successfully obtained an injunction against this bill in June, effectively halting its enforcement until now.
Legal representatives for these groups plan to revise their challenge of Bill 26 following the use of the notwithstanding clause. Both parties presented their arguments in a Calgary court on Thursday.
During the court proceedings, lawyers opposing the government’s appeal urged for the injunction to either remain in place or be replaced with a new temporary one while awaiting a hearing on their updated challenge to the law. Adam Goldenberg, representing Egale Canada, emphasized the potential harm and confusion that could arise for youth reliant on gender-affirming treatment if the injunction was lifted and then reinstated later.
In response, government lawyer David Madsen argued against granting an interim injunction based on arguments not yet presented to the court, citing procedural and legal fairness concerns.
Ultimately, Justice Allison Kuntz, who had previously granted the temporary injunction, ruled in favor of the government. Minister of Justice press secretary Heather Jenkins expressed satisfaction with the decision, emphasizing the government’s commitment to preserving children’s choices and ensuring fairness and safety in amateur competitive sports.
Egale Canada criticized the Alberta government’s actions as “cruel and dangerous,” while Skipping Stone’s co-executive director, Amelia Newbert, described the court ruling as difficult to accept. Both organizations stated their intention to pursue a new injunction based on constitutional grounds not subject to the notwithstanding clause.
A hearing on the revised challenge to the law is scheduled for the end of January. Egale Canada has also initiated a legal challenge against Bill 27, which mandates parental consent for minors under 16 to change their pronouns at school, and plans to contest Bill 29, which restricts participation in women’s sports to athletes assigned female at birth.