Alberta argues against trans health legislation injunction, says drugs 'not medically necessary'

Meghan Grant · CBC News

· Posted: Mar 11, 2025 6:11 PM EDT | Last Updated: 9 minutes ago

A lawyer for the Alberta authorities says the state and, in particular, Premier Danielle Smith has "concern and compassion" for the LGBTQ+ assemblage and that authorities banning definite gender-affirming treatments for children nether the property of 16 is "protecting the health, information and semipermanent choices" of youths.

Government lawyer David Madsen told Justice Allison Kuntz on Tuesday determination is nary law close for gender-diverse youth to usage hormone drugs and they are "not medically necessary."

A time earlier, opponents to the authorities argued that withholding aesculapian attraction from adolescent Albertans is a usurpation of their Charter rights. 

The province's caller authorities — which received royal assent successful December but has yet to beryllium proclaimed — is being challenged successful tribunal by Egale Canada, Alberta's Skipping Stone Foundation and the families of 5 gender-diverse Alberta youths.

Once proclaimed, the instrumentality would forestall doctors from prescribing puberty-blockers and hormones to younker nether the property of 16.

Premier Smith said successful December the measure is indispensable to support children's fertility options successful adulthood.

• Court injunction sought against Alberta government's caller transgender younker wellness attraction legislation

The archetypal measurement successful the tribunal enactment is an injunction exertion which, if successful, would spot the tribunal support entree for gender dysphoria oregon gender incongruence (GDI) youth to proceed to person gender-affirming treatments portion a justice considers the applicants' Charter situation to the caller provincial legislation.

The authorities has not said erstwhile the instrumentality would travel into effect and its lawyers argued the injunction exertion is premature.

• Groups motorboat ineligible situation against Alberta's caller gender-affirming attraction law

On Monday, the applicants argued it is unconstitutional to contradict aesculapian attraction to a circumstantial radical of Albertans and said it is simply a usurpation of the Charter right to equality. 

Lawyer Ljiljana Stanic told Justice Kuntz there is "compelling, clear, non-speculative evidence" that withholding gender-affirming wellness attraction volition origin irreparable harm done "unwanted, irreversible bodily changes."

On Tuesday, lawyers for the state had their crook to reason earlier the judge.  

The Cass review 

Madsen said the subject connected the contented of wellness attraction for gender-diverse younker is "rapidly evolving." 

"The applicants are advocates for a definite presumption successful this debate," said Madsen. "Alberta is an advocator for pursuing the science."

"[The Act] is simply a precautionary effect to technological uncertainties and harms and was introduced against a backdrop of a rapidly shifting technological statement and planetary reforms."

The provincial authorities relies, successful part, connected the Cass reappraisal — a contentious 2024 introspection of gender-affirming attraction for younker successful England, commissioned by England's National Health Service.

Its findings led to a prohibition connected prescriptions for puberty-suppressing hormones. 

• What Canadian doctors accidental astir caller U.K. reappraisal questioning puberty blockers for transgender youth

The prohibition moved distant from the standard of attraction supported by international aesculapian bodies, including the Canadian Paediatric Society, the American Academy of Pediatrics and World Professional Association for Transgender Health. 

Several European countries, including Sweden, Finland and Australia, have besides restricted entree to puberty blockers and different gender-affirming treatments for youth.

• How Alberta's projected trans younker rules acceptable into a polarized planetary landscape

The writer of the report said demographics person changed and now include much younker with analyzable intelligence wellness needs arsenic good arsenic much who are neurodiverse.

The study besides said the ideas astir sex are besides shifting, with much young people seeing sex arsenic fluid alternatively than binary.

Notwithstanding clause

Smith has antecedently expressed assurance that her government's measure volition withstand the Charter situation but said the notwithstanding clause is connected the array arsenic "a past resort." The clause is a constitutional measurement that allows a authorities to override definite Charter rights for up to 5 years.

A prohibition connected gender-affirming "top" country for youths is already successful effect arsenic portion of Bill 26.

The measure is 1 of 3 transgender laws the authorities seeks to implement. 

Justice Kuntz is apt to reserve her determination connected the injunction application.