For Immediate Release
December 7, 2024
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EDMONTON – Egale Canada, Skipping Stone, and several families in Alberta, represented by lawyers from McCarthy Tétrault LLP and Egale, have initiated litigation against the Government of Alberta challenging the constitutionality of Bill 26, which denies medically-necessary care from being provided to gender diverse youth in the province. Bill 26 received Royal Assent and became law on December 5, 2024.
The actions of the Government of Alberta are unprecedented in this country. No government in Canada has ever enacted legislation prohibiting essential and life-saving gender affirming health care.
In the litigation, Egale, Skipping Stone and Albertan families assert that Bill 26 violates the
Charter rights of gender diverse young people in Alberta, specifically:
- their section 7 right to security of the person,
- their section 12 right to be free from cruel and unusual treatment, and
- their section 15 right to equality.
Bill 26 also violates the newly-amended Alberta Bill of Rights, including the right to equality and the right to not be subjected to, or coerced into receiving, medical care, medical treatment, or a medical procedure without consent.
With the passage of this legislation, the Government of Alberta has deliberately disregarded expert guidance and evidence, as well as the voices of Albertan families, and introduced policies that use fear and disinformation to target a small and vulnerable part of the community: 2SLGBTQI young people.
Young people deserve access to health care and the support of medical professionals without interference from the government. Egale and Skipping Stone will use every tool at our disposal to stand up for the rights, safety and freedoms of 2SLGBTQI young people in Alberta.
Quotes
“We believe in a Canada where all people–especially all young people–are able to feel safe and free to be their authentic selves. The Government of Alberta has relied on misinformation to target gender-diverse youth, preventing them from accessing safe and essential medical care. It has reached into the sphere of private medical decisions, interfering with the relationship between doctors, parents and youth. The evidence shows that bans like this will cost lives. We will fight to prevent that from happening.”
– Bennett Jensen, Director of Legal at Egale Canada and Co-Counsel
“The actions of the Government of Alberta are unprecedented. Never before in Canada has a government prohibited access to gender affirming health care. Governments should not be interfering in medical decisions that young people and parents have a right to make alongside doctors and health care professionals. The draconian measures imposed in Bill 26 run directly counter to expert guidance and evidence, violate the constitutional rights of 2SLGBTQI people, and will lead to irreparable harm and needless suffering.”
– Kara Smyth, Partner at McCarthy Tétrault and Co-counsel
“This government has acted directly counter to expert guidance and evidence, as well as the voices of Albertan families, and introduced policies that use fear and disinformation to target a small and vulnerable part of the community: 2SLGBTQI young people. All Albertan families and youth deserve the ability to access health care and participate fully in their communities.”
– Amelia Newbert, Co-founder and Managing Director of Skipping Stone
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Representatives from Egale Canada are available for further comment on this matter. To schedule an interview please email: media@egale.ca.
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