The lawyers for two LGBTQ+ defense organizations are in Court on Monday for the first step in their fight against the transgender law of the Alberta government that prevents doctors from providing treatments that affirm gender, including puberty blockers and hormonal therapy for young people under 16 years.
Egale Canada and the Alberta Skiping Stone Foundation, accompanied by the families of five young people from Alberta Diverse of gender, launched the legal action against the provincial government in December after the bill 26 received Aser Royal. It has not yet been proclaimed.
The groups are challenging the constitutionality of the bill and seek a court order that protects access to young people to medical care in question, while courts decide whether the law is constitutional.
Egale has described the actions of the “unprecedented” government and “radical attacks against the rights, security and freedoms of people 2SLGBTQI in Alberta”.
The organization argues that it is unconstitutional to deny medical attention based on being diverse gender and is a violation of the charter rights of adolescents to the safety of the person, the freedom of a cruel and unusual treatment and its right to equality.
A spokesman for the Minister of Justice said that it would be inappropriate to comment on the case, since it is before the courts, but said that the legislation “files a distributed balance.”
In December, Smith said the bill is necessary to protect children.
“We do not allow them to smoke, we do not allow them to make drugs, we do not allow them to drive. Therefore, we believe that making a permanent decision that will affect the fertility of one is an adult decision,” said Smith.
Smith has previously expressed the confidence that the bill of his government will resist the Charter challenge, but said that the clause despite is on the table as “a last resort.” It is a constitutional measure that allows a government to cancel certain rights of the Charter for up to five years.
Part of the bill 26 includes a prohibition of “superior” surgery for young people who affirm gender for young people, a rule that is already in force.
Bill 26 is one of the three transgender laws that the Government seeks to implement.
The Law of Education amendment will see a requirement for the consent of parents so that children under 16 years of age change their names or pronouns at school, and for their children to teach lessons about sexuality, sexual orientation and gender identity.
The act of equity and security in sport, which prohibits transgender athletes in women’s mature sports, will also become law. As part of the new legislation, sports organizations must also report eligibility complaints to the government.
