Alberta (Rajeev Sharma): An Alberta judge has lifted a court injunction that had temporarily blocked the province’s controversial legislation restricting access to gender-affirming health care for minors, following the government’s decision to invoke the notwithstanding clause.
The ruling comes after the Alberta government appealed an earlier decision that paused the law’s enforcement. With the injunction now removed, the legislation — which bars physicians from prescribing puberty blockers and hormone therapy to youth under the age of 16 — is allowed to proceed.
The law has been strongly contested by advocacy organizations. Earlier this year, Egale Canada and Calgary-based group Skipping Stone Foundation filed a constitutional challenge, arguing the measures violate the rights and well-being of transgender and gender-diverse youth. The groups maintain that access to gender-affirming care is supported by medical evidence and essential for mental health.
The province’s move to apply the notwithstanding clause, a constitutional mechanism that allows governments to override certain Charter rights for a limited period, played a key role in the court’s decision to lift the injunction. The clause effectively shields the law from specific constitutional challenges while it remains in force.
Alberta officials have defended the legislation as a protective measure for children, stating it is intended to pause irreversible medical decisions until individuals are older. Critics, however, argue the policy disregards medical consensus and places vulnerable youth at greater risk.
The legal challenge to the law itself is expected to continue, even as the legislation now takes effect. The case is being closely watched across the country, as it raises broader questions about the use of the notwithstanding clause and the future of trans health care access in Canada.
