An Alberta judge has put on hold a provincial law that bans doctors from providing gender-affirming care to youth.
Justice Allison Kuntz, in a written judgment Friday, said the law raises serious issues that need to be hashed out in court, and issued a temporary injunction against the law before it fully came into effect.
Kuntz wrote that a temporary stop is needed to prevent what she calls “irreparable harm” coming to young patients while the issue is debated.
“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 in the judgment.
The law, passed late last year but not fully in effect, would have prevented doctors from providing treatment such as puberty blockers and hormone therapy to those under 16.
Kuntz wrote that denying access to this care not only risks causing youth emotional harm but also exposes them to permanent physical changes that don’t match their gender identity.
“Intentionally or not, the ban will signal that there is something wrong with or suspect about having a gender identity that is different than the sex you were assigned at birth,” she wrote.
“Gender diverse youth will bear the entire burden of that speculation.”
2SLGBTQ+ advocacy groups Egale Canada and the Skipping Stone Foundation took the case to court, and in a statement Egale said the decision was a “historic win.”
Also listed as applicants in the case are five transgender youth who will be directly affected.
Egale’s legal director Bennett Jensen said Friday that the decision was a “huge relief” for the youth involved.
“[The legislation]Ā does not solve any real issues in the medical system,” Jensen said in an interview.
“It simply creates them and targets an already very vulnerable, small group of young people with further discrimination, and that’s what the judge found.”
Premier Danielle Smith has said she believes the legislation is needed to protect young people from making permanent, life-altering decisions.
Smith has said it’s about “upholding the rights of parentsĀ to care for, teach and protect their children.”
In an emailed statement to CBC News, Heather Jenkins, press secretary toĀ Alberta Justice Minister Mickey Amery, said “Alberta’s government will continue to vigorously defend our position in court and is considering all options with respect to the court’s decision.”
On Saturday, Premier Danielle Smith addressed the injunctionĀ on her weekend radio program Your Province, Your Premier.
“The court had said that they think that there will be irreparable harm if the law goes ahead. I feel the reverse,” she said.
“We want to battle this out and the way you do that is you go to the higher levels of court. If we were to imposeĀ the notwithstanding clause, everything would stop. We actually think that we’ve got a very solid case.”
The premier has previously saidĀ that using the notwithstanding clauseĀ is on the table as a “last resort.”
Opposition NDP Leader Naheed Nenshi said in a statement that his party was pleased to see the court decision, calling it a “great day for young Albertans who simply want to live authentically and safely.”
“The court has determined what we already knew, that this ban could cause irreparable harm to gender diverse young Albertans,” Nenshi said.
“This was never about doing the right thing: it was always about demonizing vulnerable kids to boost Danielle Smith’s political fortunes.”
Also lauding the decision Friday was Senator Kristopher Wells, the former Canada Research Chair for the Public Understanding of Sexual and Gender Minority Youth.
“This isn’t just a win for trans youth, it is a win for Canada’s health-care system,” Wells wrote on social media.
“No politician should be dictating or restricting your access to evidence-based medical care.”
Egale and the Skipping Stone Foundation aren’t the only groups challenging the bill.
Last month, the Canadian Medical Association and three Alberta-based doctors launched a legal case challenging the constitutionality of the bill, arguing it violates their Charter right to freedom of conscience.
Alberta’s other two pieces of transgender legislation ā€” banning transgender women from competing in women’s sports and preventing youth under 16 from changing their name or pronouns in the school system without parental consent ā€” have yet to be challenged in court.
The education bill also requires parents to opt in for their children to receive lessons in school on sexuality, sexual orientation and gender identity.