Edmonton (National Times): Alberta Premier Danielle Smith has strongly defended her government’s controversial law restricting gender-affirming care for minors, after a provincial judge temporarily blocked its implementation, citing risks of “irreparable harm” to transgender youth.
In a ruling Friday, Alberta Justice Allison Kuntz granted a temporary injunction against the law, which would have prohibited doctors from providing treatments such as puberty blockers and hormone therapy to individuals under the age of 16. The decision comes just months before the law was set to fully come into force.
Kuntz ruled that the ban could cause deep emotional and physical harm to transgender youth by reinforcing stigma and preventing access to necessary medical care. “The evidence shows that singling out health care for gender diverse youth… will cause irreparable harm,” she wrote, adding that such legislation risks sending a dangerous message: “that there is something wrong or suspect about having a gender identity that is different than the sex you were assigned at birth.”
Premier Pushes Back
Speaking Saturday on her weekly radio program, Your Province, Your Premier, Smith challenged the court’s reasoning, insisting the government is acting in the best interests of children.
“I think the court was in error,” said Smith. “We believe irreparable harm comes not from delaying this law, but from allowing children to undergo permanent, life-altering treatments like sterilization at a young age. That’s why we are taking this to court.”
Smith emphasized the government’s position that the law is measured, evidence-based, and intended to protect youth from premature medical decisions. She also referenced past cases of forced sterilization in Canada as cautionary examples of government overreach.
“We’ve seen historically where poor decisions about sterilization led to serious harm,” she said. “We want those affected to have their voices heard, and that’s why this needs to be tested in higher courts.”
Legal and Political Fallout
The law was challenged last month by the Canadian Medical Association, several Alberta physicians, and LGBTQ+ advocacy organizations including Egale Canada and the Skipping Stone Foundation, who argue the law violates Charter rights, including freedom of conscience for doctors and equality for transgender youth.
Also included in the legal challenge are five transgender minors who say they will be directly impacted by the ban. Egale called the injunction a “historic win.”
“This legislation doesn’t address any real issues in the healthcare system,” said Egale legal director Bennett Jensen. “Instead, it adds discrimination and targets an already vulnerable group of youth.”
NDP and Activists Applaud Court Decision
Alberta NDP leader Naheed Nenshi welcomed the court’s decision, calling it “a great day for young Albertans who simply want to live authentically and safely.”
“This was never about protecting anyone,” Nenshi said. “It was about demonizing vulnerable kids to score political points.”
The court’s ruling only impacts one of three transgender-related laws recently introduced by the Smith government. Two other measures, one banning transgender women from women’s sports and another restricting students under 16 from changing their names or pronouns in schools without parental consent, have not yet been legally challenged.
What Comes Next
Despite the legal setback, Smith reaffirmed her government’s commitment to pursuing the case.
“We think we have a very strong case,” she said. “We are on the side of kids and will continue to fight for what we believe is responsible governance.”
The legal battle is expected to continue in higher courts over the coming months, setting the stage for a high-stakes debate over youth healthcare, individual rights, and the role of government in personal medical decisions.
