Latest news with #SkippingStoneFoundation
Globe and Mail
28-05-2025
- Health
- Globe and Mail
Canadian Medical Association to file legal challenge over Alberta law limiting access to treatment for transgender youth
In a rare move, the Canadian Medical Association will file a constitutional challenge Wednesday alongside three Alberta doctors against the province's legislation that limits access to medical treatment for transgender youth. The national advocacy organization, which represents more than 75,000 physicians, is venturing into new territory by taking a provincial government to court. The CMA says it had no choice but to step in to guard the relationship between patients, doctors and families in making treatment decisions. Alberta's Bill 26, which became law last December, prohibits doctors from prescribing puberty blockers and hormone therapies for those under 16. It also bans doctors from performing gender-reassignment surgeries on minors (those under 18) – an already rare occurrence in the province. On Wednesday, the CMA will submit a judicial challenge to the Court of King's Bench of Alberta, arguing the legislation violates doctors' Section 2 Charter right to freedom of conscience. The organization calls Bill 26 an 'unprecedented government intrusion' because it requires physicians to follow a law rather than clinical guidelines, the needs of patients and their own conscience. It will be the second legal challenge against Alberta's transgender legislation. The first was filed last December by advocacy groups Egale Canada and Skipping Stone Foundation and families with gender-diverse children that allege the law violates several Charter-protected rights and contradicts Alberta's own Bill of Rights. CMA president Joss Reimer said the law has created a 'moral crisis' for physicians and it affects patients' ability to make medical decisions in consultation with their family and their physician. She said doctors see individuals in their offices who are vulnerable and who have experienced challenges, adding that an 'ideological influence' does not help the patient. 'When governments get involved and start restricting medical decisions, that means that doctors are then put into a position where they have to choose between following their ethical standards, following what they feel is best for their patients, or following the law,' Dr. Reimer said in an interview. The legislation is part of a trio of laws passed in Alberta that affect transgender people – also in classrooms and sports – that together form the most restrictive legislative package in Canada dealing with gender, sexuality and identity. Premier Danielle Smith has come under widespread criticism for the measures, from transgender advocates and medical experts in Alberta and beyond. The Alberta government has yet to comment on the CMA's legal filing because it will be made in court on Wednesday. It declined to comment on the earlier legal action last year, citing it was before the courts. The United Conservative government has defended Bill 26 as a measure to protect the health and safety of Alberta youth, who Ms. Smith has argued are not able to 'fully understand' the risks associated with gender-affirming treatments. The Premier, when the legislation was tabled last October, also contended that doctors do not always make the right decisions for care. Calgary-based physician Jake Donaldson, a co-applicant with the CMA, who provides gender-affirming care to about 40 youth, said Bill 26 puts an already-vulnerable group of people at risk for more harm. These individuals already face significant and disproportionate rates of discrimination, violence and mental-health challenges. 'If they are able to blend into society and move around in a body that aligns with their gender identity ... they are safer and they are happier,' said Dr. Donaldson, who also served as a witness in Egale's case. 'It's just this massive impact on quality of life that we can fix if we were able to support these folks through their initial puberty, at the point of adolescence.' Dr. Donaldson said he and other doctors are experiencing moral injury when they are at risk of being reprimanded for providing gender-affirming care to their patients. He estimates fewer than 20 physicians prescribe hormones for youth in Alberta. The legislation, he said, 'commands physicians to stand on the sidelines and watch them suffer.' The CMA's Dr. Reimer said her organization wants to work with government to repeal the law. It is important 'politicians are not making medical decisions,' she added. Those decisions, she said, should be made based on the best science, along with what an individual patient needs, adding this can only happen between a patient and provider. 'We don't want to see any laws that are restricting medical decision-making because science evolves over time,' she said. The Premier has said she would be willing to invoke the notwithstanding clause, which is a rarely used mechanism that allows government to override certain sections of the Charter of Rights and Freedoms for up to five years, as a 'last resort.' This could shield Alberta from legal action, though Ms. Smith has said she is confident it won't be necessary, arguing the legislation is reasonable, proportionate and evidence-based.
Yahoo
12-03-2025
- Health
- Yahoo
Alberta argues against trans health legislation injunction, says drugs 'not medically necessary'
A lawyer for the Alberta government says the province and, in particular, Premier Danielle Smith has "concern and compassion" for the LGBTQ+ community and that legislation banning certain gender-affirming treatments for children under the age of 16 is "protecting the health, safety and long-term choices" of youths. Government lawyer David Madsen told Justice Allison Kuntz on Tuesday there is no constitutional right for gender-diverse youth to use hormone drugs and they are "not medically necessary." A day earlier, opponents to the legislation argued that withholding medical care from adolescent Albertans is a violation of their Charter rights. The province's new legislation — which received royal assent in December but has yet to be proclaimed — is being challenged in court by Egale Canada, Alberta's Skipping Stone Foundation and the families of five gender-diverse Alberta youths. Once proclaimed, the law would prevent doctors from prescribing puberty-blockers and hormones to youth under the age of 16. Premier Smith said in December the bill is necessary to protect children's fertility options in adulthood. The first step in the court action is an injunction application which, if successful, would see the court protect access for gender dysphoria or gender incongruence (GDI) youth to continue to receive gender-affirming treatments while a judge considers the applicants' Charter challenge to the new provincial legislation. The government has not said when the law would come into effect and its lawyers argued the injunction application is premature. On Monday, the applicants argued it is unconstitutional to deny medical care to a specific group of Albertans and said it is a violation of the Charter right to equality. Lawyer Ljiljana Stanic told Justice Kuntz there is "compelling, clear, non-speculative evidence" that withholding gender-affirming health care will cause irreparable harm through "unwanted, irreversible bodily changes." On Tuesday, lawyers for the province had their turn to argue before the judge. The Cass review Madsen said the science on the issue of health care for gender-diverse youth is "rapidly evolving." "The applicants are advocates for a certain position in this debate," said Madsen. "Alberta is an advocate for following the science." "[The Act] is a precautionary response to scientific uncertainties and harms and was introduced against a backdrop of a rapidly shifting scientific consensus and international reforms." The provincial government relies, in part, on the Cass review — a contentious 2024 examination of gender-affirming care for youth in England, commissioned by England's National Health Service. Its findings led to a ban on prescriptions for puberty-suppressing hormones. The ban moved away from the standard of care supported by international medical 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 also restricted access to puberty blockers and other gender-affirming treatments for youth. The author of the report said demographics have changed and now include more youth with complex mental health needs as well as more who are neurodiverse. The report also said the ideas around gender are also shifting, with more young people seeing gender as fluid rather than binary. Notwithstanding clause Smith has previously expressed confidence that her government's bill will withstand the Charter challenge but said the notwithstanding clause is on the table as "a last resort." The clause is a constitutional measure that allows a government to override certain Charter rights for up to five years. A ban on gender-affirming "top" surgery for youths is already in effect as part of Bill 26. The bill is one of three transgender laws the government seeks to implement. Justice Kuntz is likely to reserve her decision on the injunction application.
CBC
11-03-2025
- Health
- CBC
Alberta argues against trans health legislation injunction, says drugs 'not medically necessary'
A lawyer for the Alberta government says the province and, in particular, Premier Danielle Smith has "concern and compassion" for the LGBTQ+ community and that legislation banning certain gender-affirming treatments for children under the age of 16 is "protecting the health, safety and long-term choices" of youths. Government lawyer David Madsen told Justice Allison Kuntz on Tuesday there is no constitutional right for gender-diverse youth to use hormone drugs and they are "not medically necessary." A day earlier, opponents to the legislation argued that withholding medical care from adolescent Albertans is a violation of their Charter rights. The province's new legislation — which received royal assent in December but has yet to be proclaimed — is being challenged in court by Egale Canada, Alberta's Skipping Stone Foundation and the families of five gender-diverse Alberta youths. Once proclaimed, the law would prevent doctors from prescribing puberty-blockers and hormones to youth under the age of 16. Premier Smith said in December the bill is necessary to protect children's fertility options in adulthood. The first step in the court action is an injunction application which, if successful, would see the court protect access for gender dysphoria or gender incongruence (GDI) youth to continue to receive gender-affirming treatments while a judge considers the applicants' Charter challenge to the new provincial legislation. The government has not said when the law would come into effect and its lawyers argued the injunction application is premature. On Monday, the applicants argued it is unconstitutional to deny medical care to a specific group of Albertans and said it is a violation of the Charter right to equality. Lawyer Ljiljana Stanic told Justice Kuntz there is "compelling, clear, non-speculative evidence" that withholding gender-affirming health care will cause irreparable harm through "unwanted, irreversible bodily changes." On Tuesday, lawyers for the province had their turn to argue before the judge. The Cass review Madsen said the science on the issue of health care for gender-diverse youth is "rapidly evolving." "The applicants are advocates for a certain position in this debate," said Madsen. "Alberta is an advocate for following the science." "[The Act] is a precautionary response to scientific uncertainties and harms and was introduced against a backdrop of a rapidly shifting scientific consensus and international reforms." The provincial government relies, in part, on the Cass review — a contentious 2024 examination of gender-affirming care for youth in England, commissioned by England's National Health Service. Its findings led to a ban on prescriptions for puberty-suppressing hormones. The ban moved away from the standard of care supported by international medical 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 also restricted access to puberty blockers and other gender-affirming treatments for youth. The author of the report said demographics have changed and now include more youth with complex mental health needs as well as more who are neurodiverse. The report also said the ideas around gender are also shifting, with more young people seeing gender as fluid rather than binary. Notwithstanding clause Smith has previously expressed confidence that her government's bill will withstand the Charter challenge but said the notwithstanding clause is on the table as "a last resort." The clause is a constitutional measure that allows a government to override certain Charter rights for up to five years. A ban on gender-affirming "top" surgery for youths is already in effect as part of Bill 26. The bill is one of three transgender laws the government seeks to implement. Justice Kuntz is likely to reserve her decision on the injunction application.
CBC
10-03-2025
- Health
- CBC
Court injunction sought against Alberta government's new transgender youth health care legislation
Social Sharing Lawyers for two LGBTQ+ advocacy organizations are in court Monday for the first step in their fight against the Alberta government's transgender law that prevents doctors from providing gender-affirming treatments, including puberty blockers and hormone therapy for youths under the age of 16. Egale Canada and Alberta's Skipping Stone Foundation, joined by the families of five gender-diverse Alberta youths, launched the legal action against the provincial government in December after Bill 26 received royal assent. It has not yet been proclaimed. The groups are challenging the constitutionality of the bill and seeking an injunction that would protect youth access to the health care in question while the courts decide whether the law is constitutional. Egale has called the Alberta government's actions "unprecedented" and " sweeping attack on the rights, safety and freedoms of 2SLGBTQI people in Alberta." The organization argues it is unconstitutional to deny medical care on the basis of being gender diverse and is a violation of the teens' Charter rights to security of the person, freedom from cruel and unusual treatment and their right to equality. A spokesperson for the justice minister previously said it would be inappropriate to comment on the case as it's before the courts but did say the legislation "strikes an apportioned balance." In December, Smith said the bill is necessary to protect children. "We don't allow them to smoke, we don't allow them to do drugs, we don't allow them to drive. So we think that making a permanent decision that will affect one's fertility is an adult decision," Smith said. Smith has previously expressed confidence that her government's bill will withstand the Charter challenge but said the notwithstanding clause is on the table as "a last resort." It's a constitutional measure which allows a government to override certain Charter rights for up to five years. Part of Bill 26 includes a ban on gender-affirming "top" surgery for youths, a rule which is already in effect. Bill 26 is one of three transgender laws the government seeks to implement. The Education Amendment Act will see a requirement for parental consent for children under 16 to change their names or pronouns at school, and for parental opt-in for their kids to be taught lessons on sexuality, sexual orientation and gender identity. The Fairness and Safety in Sports act — banning transgender athletes from competing in female mature sports — is also set to become law. As part of the new legislation, sports organizations will also be required to report eligibility complaints to the government.
