A group of Alberta families has lost a last-ditch legal challenge against a law that bans certain healthcare treatments for transgender youth. On Friday, Court of King's Bench Justice Allison Kuntz dismissed a bid by Egale Canada to amend its legal challenge of Bill 26, which prohibits doctors in Alberta from performing sex reassignment surgeries and hormone therapy for minors.
Background of the Case
Egale, an LGBTQ rights charity, brought the legal challenge on behalf of families of transgender and gender-diverse youth. The group sought to get around Alberta's invocation of the notwithstanding clause, which allowed the ban to take effect despite an earlier injunction. Egale attempted to amend its original application to include a claim that the law was ultra vires—meaning outside provincial jurisdiction—because the ban veered into criminal law, which is a federal responsibility.
Judge's Ruling
Justice Kuntz sided with the Alberta government, which argued that the law pertains to healthcare, a provincial responsibility. In her decision, Kuntz stated, "I find that it is clear on the record that the dominant purpose of the ban is to protect the health and safety of minors with gender dysphoria or gender incongruence by largely prohibiting them from receiving medical treatments that the respondents do not believe are safe based on their view of the science."
Egale's Response
In a statement, Egale announced its intention to appeal Kuntz's decision. Spokesperson Jennifer Boyce said, "On Friday, the Court of King's Bench of Alberta denied our application to amend our legal challenge to Bill 26 following the government's use of the notwithstanding clause. As a result, our request for an injunction was not considered." Boyce added, "Every day that Bill 26 remains in force, transgender and gender-diverse young people in Alberta are denied access to medically necessary, evidence-based care. The impacts are immediate and deeply felt by youth, families, and healthcare providers across the province."
Details of Bill 26
Alberta's ban on hormone therapy and sex reassignment surgery—also known as bottom surgery, which is already restricted to people over 18—was introduced in late 2024 as an amendment to the Health Professions Act. Egale, along with the Skipping Stone Scholarship Foundation and five families of transgender youth, challenged the law's constitutionality and won an interim injunction in early 2025. Last fall, the United Conservative Party invoked the Charter's notwithstanding clause and later successfully applied to have the injunction set aside, allowing the law to take effect.
Legal Strategy
In a bid to keep the litigation alive, Egale applied to amend its initial court application to include the ultra vires claim. The group argued that the ban—which includes penalties of $25,000 and up to six months in jail for doctors who perform the banned procedures—was effectively criminal law and thus exclusive federal jurisdiction. However, the judge rejected this argument.
Egale remains committed to challenging the law. "Our commitment to challenging this law, and to defending the rights and health of 2SLGBTQI communities, remains unchanged," the organization stated.
