Egale Canada, Skipping Stone Foundation (SSF), and several families in Alberta — represented by lawyers from McCarthy Tetrault LLP — have initiated litigation against the government to challenge the constitutionality of the Health Statutes Amendment Act (HSAA). The HSAA implements restrictions on gender transitions in minors, and it received royal assent and became law on Thursday. “We believe in a Canada where all people — especially all young people — are able to feel safe and free to be their authentic selves,” said Egale Canada Director of Legal and co-counsel Bennett Jensen in a press release. “The Government of Alberta has relied on misinformation to target gender diverse youth, preventing them from accessing safe and essential medical care.”Jensen said the HSAA “has reached into the sphere of private medical decisions, interfering with the relationship between doctors, parents and youth.” Additionally, he alleged the evidence shows restrictions such as these will cost lives. However, he said his team will fight to prevent that from happening. Egale Canada said the actions of the Alberta government are unprecedented in Canada. This is because no government has ever enacted legislation prohibiting gender transitions. In the litigation, it said it, SSF, and the Albertan families will assert the HSAA violates the rights of transgender young people in the province. Also, it said the HSAA violates the amended Alberta Bill of Rights, including the right to equality and the right to not be subjected to or coerced into receiving medical care, treatments, or procedures without consent.With the passage of the HSAA, it accused the Alberta government of disregarding expert guidance and evidence and the voices of Albertan families and introduced policies using fear and disinformation to target sexual minority youth. Egale Canada said young people deserve access to healthcare and the support of medical professionals without interference from the Alberta government. Because of this, it said it and SSF will use every tool at their disposal to stand up for the rights, safety, and freedoms of sexual minority young people in Alberta. McCarthy Tetrault LLP Partner and co-counsel Kara Smyth pointed out the actions of the Alberta government are unprecedented. “Never before in Canada has a government prohibited access to gender-affirming healthcare,” said Smyth. “Governments should not be interfering in medical decisions that young people and parents have a right to make alongside doctors and healthcare professionals.” In this case, Smyth said the measures imposed in the HSAA “run directly counter to expert guidance and evidence, violate the constitutional rights of (sexual minority) people, and will lead to irreparable harm and needless suffering.”SSF Managing Director Amelia Newbert said the Alberta government has acted counter to expert guidance, evidence, and the voices of Albertan families and introduced policies using fear and disinformation to target sexual minority young people. “All Albertan families and youth deserve the ability to access healthcare and participate fully in their communities,” said Newbert. Alberta Justice senior press secretary Chinenye Anokwuru responded by saying the government considers the rights of Albertans when drafting legislation and believes the HSAA strikes the appropriate balance. “As this matter is now before the courts, it would be inappropriate to comment further,” said Anokwuru. The Legislative Assembly of Alberta passed the three gender identity bills the government introduced on Tuesday..Alberta Legislature passes three gender identity bills, Notley says UCP violating human rights .The Legislative Assembly of Alberta voted 47-35 to pass the HSAA. This vote was split along party lines, with Alberta United Conservative Party MLAs voting for it and NDP ones against it.
