Egale Canada, Skipping Stone and several Alberta families have joined together to file a lawsuit against the Alberta government challenging the constitutionality of Bill 26.
The controversial bill, which denies medically necessary care to gender-diverse youth in the province, was passed on December 5, 2024. The decision to pursue litigation was announced Saturday morning in a press release from press.
“The actions of the Alberta government are unprecedented. Never before in Canada has a government banned access to gender-affirming health care,” said Kara Smyth, partner at McCarthy Tétrault and co-counsel of Egale lawyers.
The litigator claims that Bill 26 violates the Charter rights of gender diverse youth in Alberta; more specifically, their right to security of the person guaranteed by article 7, their right guaranteed by article 12 not to be subjected to cruel and unusual treatment and their right to equality guaranteed by article 15.
“Governments should not interfere in medical decisions that young people and parents have the right to make alongside doctors and health professionals,” Smyth said. “The draconian measures imposed in Bill 26 go directly against expert advice and evidence, violate the constitutional rights of 2SLGBTQI people and will result in irreparable harm and unnecessary suffering. »
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The group also believes that Bill 26 violates the recently amended Alberta Bill of Rights, including the right to equality and the right not to be subjected to or coerced into receiving medical care, medical treatment or a medical procedure without consent.
Dr. Victoria Bucholtz of the TransAction Alberta coalition says the Alberta government has ignored the advice and evidence of experts and the voices of Alberta families. The coalition believes that politicians are using fear and misinformation to target a small and vulnerable part of the community: 2SLGBTQI youth.
“We are asking her (Premier Danielle Smith) to stop, she has ignored this call and the UCP caucus has imposed an unpopular law that does not help the community,” she told Global News.
“Because the premier and the province have refused to listen to the vast majority of us…we have no recourse but to take them to court.” »
Professor Eric Adams of the University of Alberta’s Faculty of Law said the announcement was not surprising and he believes the litigator has a “potentially very strong case.”
“You don’t win the case by shouting louder, you don’t win the case by punching your fist, you win the case with evidence and arguments, so the courts will look very carefully at the evidence,” Adams told Global News during the hearing. a Skype interview.
“Beyond words, what do the studies say, what do the experts say, what does the medical literature say?
Adams says the Alberta government could eventually invoke the notwithstanding clause, which provides a shield of protection against court decisions, but he says he has not yet attached that clause to the law.
“So the stakes are high,” Adams added.
Premier Smith recently said she did not believe she would need to invoke the notwithstanding clause to protect the three transgender bills from legal challenges.
When Global News sought comment from the province, the Minister of Justice’s senior press secretary, Chinenye Anokwuru, provided this statement: “The Alberta government carefully considers the rights of Albertans when drafting legislation , and we believe this legislation strikes an appropriate balance. As this matter is now before the courts, it would be inappropriate to comment further. »
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