Court battle brewing between Alberta government and LGBTQ2 organizations over Bill 26

Egale Canada, Skipping Stone and several families in Alberta have united to initiate litigation against the government of Alberta challenging the constitutionality of Bill 26.

Egale Canada, Skipping Stone and several families in Alberta have united to initiate litigation against the government of Alberta challenging the constitutionality of Bill 26.

The controversial bill, which denies medically necessary care from being provided to gender diverse youth in the province, passed on Dec. 5, 2024. The decision to initiate litigation was announced Saturday morning in a press release.

“The actions of the Government of Alberta are unprecedented. Never before in Canada has a government prohibited access to gender affirming health care,” said Kara Smyth, partner at McCarthy Tétrault and co-counsel to lawyers from Egale.

The litigating party asserts that Bill 26 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.

“Governments should not be interfering in medical decisions that young people and parents have a right to make alongside doctors and health care professionals,” Smyth said. “The draconian measures imposed in Bill 26 run directly counter to expert guidance and evidence, violate the constitutional rights of 2SLGBTQI people, and will lead to irreparable harm and needless suffering.”

The group also believes Bill 26 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.

Dr. Victoria Bucholtz, from the TransAction Alberta coalition, says the Alberta government has disregarded expert guidance and evidence as well as the voices of Albertan families. The coalition believes the policies use fear and disinformation to target a small and vulnerable part of the community: 2SLGBTQI young people.

“We’re asking her (Premier Danielle Smith) to stop, she has ignored that plea and the UCP caucus has forced through an unpopular piece of legislation that does not help the community,” she told Global News.