2 days ago
Groups secure injunction pausing Alberta government's transgender health-care legislation
Alberta government legislation preventing doctors in the province from providing gender-affirming care to minors has been paused under a court judgment released Friday.
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The Court of King's Bench of Alberta decision granted an injunction application led by Egale Canada and the Skipping Stone Foundation.
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Justice Allison Kuntz, in her written decision granting the temporary injunction, said Charter challenges raised by the applicants over Bill 26, the Health Statues Amendment Act, warrant further legal argument.
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'The evidence shows that singling out health care for gender diverse youth and making it subject to government control will cause irreparable harm to gender diverse youth by reinforcing the discrimination and prejudice that they are already subjected to,' Kuntz wrote.
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The bill, introduced last October but not yet in full effect, restricted certain treatments and surgeries for gender dysphoria for individuals under 18, including a ban on puberty blocker and hormone therapies for individuals under the age of 16, and gender reassignment surgeries for people under 18.
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The applicants included five gender-diverse young Albertans, aged six to 12, and their parents, in addition to the two LGBTQ advocacy groups.
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They challenged the constitutionality of the amended provisions, arguing the changes violate rights guaranteed in the Canadian Charter of Rights and Freedoms and the Alberta Bill of Rights.
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'This is an historic win, affirming that young people in Alberta and across Canada deserve to live authentically in safety and freedom,' Skipping Stone founders Lindsay Peace and Amelia Newbert said in a statement.
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'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.'
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The province had argued preventing access to puberty blocking drugs for trans children and other measures in the bill is based on evidence suggesting such treatments may be harmful.
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'Alberta . . . does not doubt the value of providing care to children facing (gender dysphoria or gender incongruence), but that care must be safe and evidence based,' government lawyer David Madsen told Kuntz at a March hearing.
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'That is what the legislation is about. Protecting the safety and long-term choice of children and youth from a risky and experimental medical intervention, for which there is little evidence of benefit and evidence of significant harm in some cases.'
