The Fight for Gender-Affirming Care Protections Must Continue

Toronto, ON — The Canadian Civil Liberties Association (CCLA) is deeply concerned with yesterday’s court decision lifting the injunction that had prevented Alberta’s ban on gender-affirming care for transgender and gender-diverse youth from taking effect. This decision follows the Alberta government’s use of the notwithstanding clause which shields the law from meaningful court review. Notably, it was the province’s use of the notwithstanding clause, and not a finding that the law is constitutional or without harm, that compelled the removal of the injunction.

“Gender-affirming care is recognized by health professionals as evidence-based and essential for the mental and physical well-being of many transgender youth,” said Aaden Pearson, Trans Rights Legal Fellow at the CCLA. “Restricting access to such care — especially after a court granted an injunction because it found that this legislation would cause irreparable harm — puts transgender youth at risk and interferes with decision that should be made by young people with their families and their doctors.”

CCLA condemns both the legislation and the Alberta government’s decision to use the notwithstanding clause to force it into effect. The ruling means that there is now a ban on gender-affirming medical care for those not already receiving it — a move that threatens the health, well-being, and fundamental rights of an already vulnerable population.

“This decision comes in the context of provincial laws that include not only limitations on health care but also restrictions on how transgender students are recognized in schools and participate in recreation and community life,” added Pearson. “Together, these measures undermine the dignity, safety, and equality of transgender and gender-diverse people.”

CCLA will continue to stand with the transgender and gender-diverse communities and oppose laws that cause harm and override fundamental rights. We urge continued legal and legislative efforts to safeguard access to necessary medical care and protect the well-being of all people.