The transgender law of Alberta returned to justice on Tuesday, the lawyers of the government arguing that the legislation is based on science and protects children.
The law prohibits young people under the age of 16 from receiving hormone therapy and puberty blockers. It is disputed by groups representing young transgender people, who ask the courts to temporarily suspend the law while awaiting a hearing on its constitutionality.
The groups argue that the law violates the charter because it denies medical care.
Government lawyer David Madsen told court that this was not the case, because hormone therapy is not considered medically necessary.
“This Charter challenge will fail,” said Madsen to judge Allison Kuntz. He argued that the province protects young people at risk of making decisions that change life at a vulnerable stage of their lives.
“The polarized atmosphere surrounding this subject is exactly the reason why Alberta has chosen to follow science and all the more reason to be deference to legislation,” he said.
Madsen also argued that the scientific consensus concerning the affirmative gender care “changes quickly” and described that the government’s approach is precaution in the light of this uncertainty.
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The judge reserved his decision on the injunction on a later date.
Alberta has become the first Canadian province to adopt the legislation that prohibits young LGBTQ2 from receiving medical care by the sexes.
Danielle Smith’s united conservative party government adopted the law last year, but it has not yet been fully proclaimed and has indeed legal. The province did not say when it could happen. A prohibition prohibiting “top” surgeries asserting the sexes for minors entered into force in December.
Two LGBTQ2 advocacy groups, equal and skipping Stone Foundation, are looking for an injunction of the court. They called on the action of the unprecedented government, claiming that it is unconstitutional to deny medical care on the basis of being diversified by the sexes.
Group lawyers and five anonymous transgender children, aged six to 11, presented their arguments on Monday.
Adam Goldenberg, a lawyer representing the candidates, challenged many government arguments, including his assertion that the injunction request is premature because the law has not been proclaimed.
“This would defeat the purpose of the injunction, if (young transgender people) in fact had to undergo the irreparable damage that the injunction seeks to prohibit,” said Goldenberg.
The law is one of the three affecting transgender people adopted in Alberta. The second, which is not disputed in court, obliges children under the age of 16 to consent parents if they wish to change their names or their pronouns at school.
The third prohibits transgender athletes from participating in female amateur sports and obliges schools and organizations to report eligibility complaints.
Smith said she was convinced that the new restrictions are part of the Charter and would resist a legal challenge.
But if the challenge succeeds, Smith said that she would use the notorious clause of the Charter. The clause allows governments to replace certain charter rights up to five years.
“I hope it wouldn’t happen to that. But for sure, we would do it, “said Smith during his radio program in December.
& Copy 2025 the Canadian press