Alberta government will challenge injunction against gender-affirming care ban

ANALYSIS: Egale and Skipping Stone celebrated last week’s injunction ruling as a win for trans rights. But the Alberta Premier Danielle Smith signalled that she plans to battle further in court

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.”

Senior editor Mel Woods is an English-speaking Vancouver-based writer, editor and audio producer and a former associate editor with HuffPost Canada. A proud prairie queer and ranch dressing expert, their work has also appeared in Vice, Slate, the Tyee, the CBC, the Globe and Mail and the Walrus.

Read More About:
Politics, Video, Power, Video, Trans, Alberta, Youth, Justice

Keep Reading

A side by side of two black and white photos by photographer Peter Hujar, one a self portrait and the other his piece Orgasmic Man.

The haunting photographs of Peter Hujar

Photographer Peter Hujar’s work revelled in eroticism, pain and the thin line between life and death
Demonstrators put up an LGBT Pride flag at Stonewall National Monument after it was removed by the Trump Administration

Pride flag returns to Stonewall after sudden removal

The Pride flag at Stonewall National Monument was taken down after a crackdown on “improper partisan ideology” in federal landmarks

How a Canadian social media age ban would impact trans people of all ages

Whether it’s requiring government ID or scanning users’ faces, digital age-verification tools pose a host of problems for queer and trans people
A screenshot of sexual health Instagram account Bellesa, which was banned by Meta.

Popular women’s sexual health Instagram hit with sudden Meta ban

The ban on Bellesa Boutique's page, which caters to women and queer people, comes amidst a bigger crackdown on sex content
Advertisement