Groups launch legal challenge against Alberta's new gender-affirming treatment law

A pair of LGBTQ2S+ advocate organizations say they've followed through with their plan to challenge Alberta's three transgender bills in court, starting with one that bars doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16.

A pair of LGBTQ2S+ advocate organizations say they've followed through with their plan to challenge Alberta's three transgender bills in court, starting with one that bars doctors from providing gender-affirming treatment such as puberty blockers and hormone therapy for those under 16.

Bennett Jensen, legal director at Egale Canada, says the groups, which also include Skipping Stone and five Alberta families, are opposing Bill 26 first because parts of the legislation are already in effect.

Jensen says the groups submitted an originating action with Court of King's Bench late Friday, but due to the late hour, it would not get processed until Monday.

The groups argue Bill 26 violates gender-diverse young people's 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.

A spokesperson for Alberta's justice minister says in an email that the government believes the legislation "strikes an appropriate balance," but that it would be inappropriate to comment further since the matter is now before the courts.

The groups behind the challenge argue the bill also violates the newly-amended Alberta Bill of Rights, including the right to not be subjected to, or coerced into receiving medical care, medical treatment or a medical procedure without consent.

"If you deny a kid access to blockers and then they go through permanent changes via puberty, they then have to pursue medical treatment and interventions to undo the effects of (puberty), so that is how the coercion is operating," Bennett Jensen, Egale’s legal director, explained in an interview Saturday.