Premier Danielle Smith vows to fight a court injunction blocking Alberta’s ban on gender-affirming care for youth, citing constitutional grounds.
Premier Plans Court Battle Over Blocked Youth Care Law
Alberta Premier Danielle Smith has announced her government’s intention to appeal a temporary court injunction halting the implementation of Bill 26, a controversial law banning gender-affirming health care for minors. The announcement came just one day after the Alberta Court of King’s Bench ruled that the legislation could cause “irreparable harm” to transgender youth.
Court Temporarily Halts Implementation of Bill 26
On Friday, Justice Allison Kuntz issued a written judgment that temporarily blocks Alberta’s Bill 26, citing concerns that it would cause immediate and lasting harm to youth seeking gender-affirming medical care. The injunction prevents doctors from being penalized for offering such treatments while legal challenges to the law proceed through the courts.
Smith Calls Injunction Harmful, Vows to Appeal
Speaking on her weekend radio show Your Province, Your Premier, Smith pushed back against the court’s reasoning, arguing that allowing gender-affirming care to continue would itself cause harm. “We want to battle this out, and the way you do that is you go to the higher levels of court,” she said. Smith also noted the option of invoking the Canadian Charter’s notwithstanding clause, though she framed it as a last resort.
Legal Experts Say Fight Could Take Years
Constitutional law professor Eric Adams from the University of Alberta noted that the injunction is not a final judgment on the law’s constitutionality, but it is significant. “This judge said that, on balance, she’s electing to hold that law off until the court weighs in,” Adams said. He emphasized that final resolution could still be years away, and that using the notwithstanding clause would require new legislation—something that can’t happen until the legislature resumes in October.
Advocates Say Injunction Offers Much-Needed Relief
Bennett Jensen, legal director of 2SLGBTQ+ rights group Egale Canada and co-counsel in the case, called the injunction a “tremendous relief.” He stressed that evidence presented in court showed the law would cause serious harm to youth, contradicting the province’s stated goal of protecting children. Jensen urged the government to reconsider its position in light of the ruling.
Next Steps Unclear as Political Stakes Rise
The Premier’s strong response signals that the province will continue defending Bill 26 in higher courts. However, any move to invoke the notwithstanding clause could ignite further public and legal controversy. With Alberta’s legislature not in session until the fall, the future of the bill—and transgender health care access for youth—remains uncertain.
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