EDMONTON — An Alberta judge has rejected a legal application to add the UCP's implementation of the notwithstanding clause to the applicant group's original legal challenge opposing Alberta's regulations against transgender treatments for youth. The Government of Alberta introduced legislation in 2024 banning doctors from performing transgender surgeries on individuals under the age of 18, and prescribing hormones for the purpose of transitioning individuals younger than 16. Egale and Skipping Stone soon filed a legal case against the original legislation on behalf of five families of sexual minority youth and were granted an injunction blocking the restrictions from being implemented until a full decision on the matter could be made. The injunction was nullified, and the case was dismissed in December, when the UCP invoked the notwithstanding clause on the legislation in question, at which point the groups attempted to challenge its use, claiming it was being applied to a criminal matter within federal jurisdiction. Court of King's Bench Justice Allison Kuntz ruled against their application on Friday, after determining that the legislation relates to health and safety, which is under provincial jurisdiction. ."Every day that Bill 26 remains in force, transgender and gender-diverse young people in Alberta are denied access to medically necessary, evidence-based care," reads a statement from the groups. "The impacts are immediate and deeply felt by youth, families, and healthcare providers across the province."Our commitment to challenging this law, and to defending the rights and health of 2SLGBTQI communities, remains unchanged."Egale and Skipping Stones said they intend to appeal the decision.The UCP have championed the legislation as a measure to help protect youth from doing irreparable harm to their bodies at a young age."Well, kids have to go through puberty in order to be able to have kids, that’s just the way it is,” said Premier Danielle Smith on Nov. 18, 2025.“Becoming sexually mature means, and we want to make sure that at the age of 16, when they’re old enough to be able to make these decisions for themselves, and understand the full consequences of it, they can begin that journey.” Smith said her government made the decision to introduce the restrictions after consultation with youth, families and health professionals.She also said her government used the notwithstanding clause to bypass the injunction and legal action because it is the responsibility of elected officials to make legislation, and they should not be blocked by "gatekeepers."
