Attorneys for two LGBTQ+ advocacy organizations will be in court Monday for the first step in the fight against Alberta’s government’s transgender law, which prevents doctors from providing gender-affirming treatments, including adolescent blockers and hormone therapy for young people under the age of 16.
The Skipping Stone Foundation in Egale Canada and Alberta began legal action against the provincial government in December after the families of five gender divers Alberta youth joined in and Bill 26 received royal consent. It has not been declared yet.
The group is challenging the constitutionality of the bill, seeking an injunction that protects youth access to health care in question, while courts decide whether the law is constitutional or not.
The applicant’s lawyers – five families and two advocacy groups – discussed Monday. The Alberta government lawyer will be on Tuesday.
Egale calls the Alberta government’s actions “unprecedented” attacks and attacks on freedom on the rights, security and freedom of Alberta’s 2SLGBTQI people “unprecedented.”
“When this law comes into effect, it should not be a minute,” said Adam Goldenberg, one of the applicant’s lawyers, in sought an injunction.
Goldenberg said the Alberta government’s position is that all trans young people should be forced to experience adolescence at birth according to their gender, “because some of them may be happy or may grow out of it.”
“The premise of government submission is that being transgender in life is a bad thing and we should help trans people avoid that fate,” Goldenberg said.
Premier cites fertility concerns
Another applicant’s lawyer, Kara Smith, told the court of Justice King Bench, Allison Kunz, that Alberta is the only province in Canada to enact such a law.
The applicant argues that refusing care based on gender diversity is unconstitutional and violates the teenage charter rights and equal rights to the safety of a person.
In December, Alberta Prime Minister Daniel Smith said the bill was needed to protect fertility options for adult children.
“We don’t allow them to smoke. We don’t allow them to put drugs on them, we don’t allow them to drive. So I think it’s an adult decision to make permanent decisions that affect our fertility,” Smith said.
However, Smith argued that enforcing children experiencing gender discomfort and gender inconsistency to experience gender puberty assigned at birth has a lasting effect and limits future options.
“This law does not maintain long-term choices for young people of diverse genders. It does the opposite.”
An irreparable harm
The route to the injunction must prove that irreparable harm will be harmed if the applicant is not granted.
Another attorney for the applicant, Rijiljana Stannick, told Judge Kunz that there is “persuasive, clear, non-specific evidence” that causes irreparable damage through “unwanted, irreversible physical changes” that withhold gender-affirming health care.
“Many of these young people have lived in gender identity for years,” said Stanik, giving an example of applicant 1.
Applicant 1 has been identified as an 11-year-old girl and has been living as a woman since she was 3 years old. A ban on publication protects her identity.
“She’s out.”
The girls’ community, including friends and teachers, is known only to have children as girls.
Without adolescent blockers, the effects of male adolescents occur, “she’s out,” Stannick said.
In the submitted documents, the Alberta government argues that in this case, gender-affirming healthcare on the issue is not medically necessary, for example, insulin needed for diabetes.
However, Stanick noted that while most medical care, including scheduled surgery, prescription acne treatment and birth control, are clinically indicated, they are not considered emergency treatment.
“Care may be necessary or necessary, but it’s not an emergency,” Stanick said.
Smith previously expressed confidence that her government bill would withstand the charter challenge, but nevertheless stated that the clause was on the table as a “last resort.” This is a constitutional measure that allows the government to override the rights of a particular charter for up to five years.
Part of Building 26 includes a ban on gender-preserving “top” surgeries for young people. This is already in effect.
Bill 26 is one of three transgender laws the government is trying to implement.
The Education Amendment Act requires that children under the age of 16 require parental consent to change names and pronouns at school, and parents opt-in to teach their children lessons about sexuality, sexual orientation and gender identity.
Fairness and Safety of Sports Laws – Prohibiting trans athletes from competing in mature sports for women will also become law. As part of the new law, sports organizations will need to report eligibility complaints to the government.
