Alberta Premier Danielle Smith is already saying that her government will challenge the court injunction that just ruled against her anti-trans ban on gender-affirming care for youth.
On June 27, the Alberta Court of King’s Bench issued an injunction preventing the ban—which passed into law in December 2024 and prohibits medical providers from administering gender-affirming care like puberty blockers or HRT to people under 16—from going into effect.
The injunction comes in response to a lawsuit filed by Egale Canada and Skipping Stone, two LGBTQ2S+ advocacy groups, arguing that the ban violated the rights of trans youth in the province. The lawsuit also listed five trans youth who will be directly affected as applicants in the case.
“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,” Justice Allison Kuntz wrote in the judgment. “Gender-diverse youth will bear the entire burden of that speculation.”
During her appearance on the Your Province. Your Premier radio show over the weekend, Smith said she is confident her government will get the law reinstated.
“I think the court was in error. That’s part of the reason why we’re taking it to court. The court had said there will be irreparable harm if the law goes ahead. I feel the reverse. I feel there will be irreparable harm to children who get sterilized at the age of 10 years old—and so we want those kids to have their day in court.”
Another option beyond appealing the case would be for Smith to use the Notwithstanding Clause, which allows a government to supersede the Charter of Rights and Freedoms.
Smith has previously said that option is on the table as a “last resort.”
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