A judge in Alberta has granted a temporary injunction halting key parts of the provincial government’s proposed restrictions on transgender health care. This ruling marks a significant, though likely temporary, reprieve for trans youth and their families in the province.
The injunction was issued on Friday, June 27, following a legal challenge brought forward by advocacy groups including the Centre for Sexuality, Skipping Stone Foundation, and the Canadian Civil Liberties Association. These organizations argue that Alberta’s plan to limit gender-affirming care for minors is not only harmful but potentially unconstitutional.
At the heart of the legal fight is the Alberta government’s plan, announced in January by Premier Danielle Smith, that would impose wide-reaching limits on transgender-related health care and education policies. The proposed measures include:
- A ban on hormone therapy and puberty blockers for children under the age of 16, even with parental consent and medical approval.
- Restrictions on gender-affirming surgeries for those under 18, despite the fact that such procedures are already rare among minors in Canada.
- A requirement that schools obtain parental consent before using a student’s chosen name or pronouns.
- Limits on the participation of trans women and girls in female sports categories.
Friday’s ruling does not overturn the policy but blocks the health care restrictions from taking effect until a full constitutional hearing can be held. Justice Allion Kuntz ruled that the injunction was necessary to prevent “irreparable harm” to transgender youth who are currently receiving or seeking medical treatment. He also noted that the policy may violate the Charter of Rights and Freedoms, particularly the rights to security of the person and to equality under the law.
“The applicants have raised serious questions as to the constitutionality of the proposed policies,” Justice Feasby wrote in his decision. “The potential for harm to trans youth is significant, especially if current treatments are suddenly withheld or delayed.”
The injunction applies specifically to the medical restrictions in the legislation. Other parts of the plan, including those related to schools and sports, may face future legal challenges but are not covered by this particular ruling.
In response to the decision, Premier Danielle Smith pledged to continue pushing the policy forward. Speaking to reporters, she stated, “Our government believes in the rights of parents to be involved in their children’s health care and education decisions. We will continue to fight this in court to ensure those rights are protected.”
Smith also framed the policy as a way to protect children from making what she called “irreversible decisions,” repeating language commonly used in efforts to limit transgender rights across North America. Critics have pointed out that this framing ignores existing medical guidelines and the careful, multi-step process involved in gender-affirming care.
Advocates welcomed the injunction as a necessary step to protect vulnerable youth.
“This is a victory, but it’s only the beginning,” said a spokesperson for the Skipping Stone Foundation. “Trans youth deserve care, compassion, and dignity. We will keep fighting to ensure their rights are upheld.”
A full constitutional hearing on Alberta’s proposed health care policy is expected later this year. For now, the injunction has paused one of the most controversial elements of the province’s plan, giving families and providers a moment to regroup and prepare for the battles ahead.
