Court lifts injunction on trans law after Alberta uses notwithstanding clause

Court of Appeal at the Edmonton Law Courts building, in Edmonton on June 28, 2019. THE CANADIAN PRESS/Jason Franson

A judge has granted an Alberta government appeal and lifted an injunction on a law preventing youth from accessing gender-affirming care.

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Two advocacy groups, Egale and Skipping Stone, launched earlier this year a challenge over the law, which prohibits doctors from prescribing puberty blockers and hormone therapy to those under 16.

A judge later granted the injunction, saying the law raised serious Charter issues that needed to be hashed out, and the province filed the appeal.

Earlier this month, Premier Danielle Smith’s government invoked the notwithstanding clause to shield the law and two others affecting transgender people from court challenge.

Heather Jenkins, press secretary for Justice Minister Mickey Amery, says the United Conservative Party government is pleased the injunction has been removed.

The government has said the gender health-care law is necessary to protect youth from making potentially life-altering medical decisions they may later regret.

The advocacy groups said they plan to apply for another injunction based on criminal law, since doctors who don’t comply could face fines or imprisonment.

“This is a cruel and dangerous move by a government that will harm vulnerable young people,” the groups said in a statement Thursday.

The groups added the law is “not a total ban” on gender-affirming care, as some youth will still be eligible to receive puberty blockers and hormones.

The groups said they plan to continue their challenge against Alberta’s law requiring parental consent for children under 16 to change their names or pronouns at school.

They said they’re also committed to challenging a law banning transgender Albertans 12 and older from participating in amateur female sports.

This report by The Canadian Press was first published Dec. 18, 2025.