Protecting the human right of healthcare access for trans and gender diverse young people 

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Case Background

On January 31, 2024, the Premier of Alberta announced a series of policy changes that amount to a sweeping attack on the rights, safety and freedoms of 2SGLBTQI people in Alberta. Egale Canada and Skipping Stone immediately promised legal action in response. Despite widespread condemnation of the proposed policies from experts and Albertan families in the months that followed, the Government of Alberta followed through with its threatened legislation in three bills (Bills 26, 27 and 29) in October 2024. This legislation uses fear and disinformation to target a small and vulnerable group of people: gender diverse youth and adults, and the 2SGLBTQI community as a whole.

All three bills received Royal Assent on December 5, 2024. Egale and Skipping Stone initiated litigation the next day against Bill 26, which denies medically-necessary care from being provided to gender diverse youth in the province.

The actions of the Government of Alberta are unprecedented in this country. No government in Canada has ever enacted legislation prohibiting essential gender affirming health care.

Our Legal Arguments and What We’re Fighting For 

Some gender diverse young people receive medical treatment to support their ability to live comfortably and authentically. The two main interventions that doctors can provide are puberty blockers and hormone therapy. Puberty blockers operate to “pause” the permanent changes that accompany puberty and can be prescribed when a young person is in the initial stages of puberty to give them more time to determine—with their families and doctors—what is right for them. Hormone therapy is an option when the young person is a bit older. It enables them to go through puberty that is consistent with their gender identity. In rare cases, “top” surgery will also be performed. 

These medical treatments are not new and are generally understood to be safe. However, as part of the anti-trans movement globally, they have come under attack. 

In Alberta, Premier Smith announced a ban on these interventions – solely if they are given for the purposes of supporting gender dysphoria. 

Bill 26 is a clear violation of the constitutional rights of gender diverse youth in Alberta, specifically their sections 7, 12 and 15 Charter rights, which protect the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice; the right not to be subjected to any cruel and unusual treatment or punishment; and the right to the equal protection and equal benefit of the law without discrimination on the basis of gender identity. 

Decisions about gender-affirming care must be made like all decisions about health care for young people: as the result of a medical professional’s careful consideration of a young person’s individual circumstances and needs. The government has no place in these personal medical decisions that should remain between young people, their doctors, and their families. 

More simply put, gender diverse young people are being denied medical care because they are gender diverse and that is unconstitutional. We are fighting for a society where all people are able to live authentic and full lives. 

Legal Action Updates

Supporting Documents

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