Alberta Premier Danielle Smith has announced that the provincial government will challenge a recent court injunction that blocks the implementation of Bill 26, which concerns transgender health care for youth. Smith reiterated the significance of going after legal alternatives through the courts as a priority. He warned against using the notwithstanding clause as a first resort. In this context, Justice Allison Kuntz of the Alberta Court of King’s Bench recently granted a temporary injunction against the legislation. This decision comes on the heels of a recent court challenge.
Although Bill 26 received royal assent in December, the whole of the Bill had not been brought into force before the granted injunction. Smith underscored her commitment to appeal the ruling, while emphasizing her faith in the strength of the province’s legal arguments—a position she’s defended.
Legal Landscape and Implications
The injunction against Bill 26 is hugely significant. It sends a message that the province’s efforts to enforce the law could face significant constitutional hurdles. Eric Adams, an assistant professor at the University of Alberta’s law faculty, noted that the ruling shows a long and tough legal struggle awaits. He thinks it’s not going to be easy. He noted that the injunction is not an indication of how the constitutional case will be decided. It does foreshadow strong arguments to come about how very bad the legislation is.
“This isn’t a final resolution of the constitutional issues — far from it,” – Eric Adams
Adams went on to clarify that the invocation of the notwithstanding clause has led to a bubbling discourse and debate. This clause essentially carves out the provinces constitutional rights, particularly during these times of shifting political winds. Empowering other provinces such as Saskatchewan, Ontario and Quebec to have already invoked the clause. Alberta is understandably gun-shy about going down that road, due to acute public backlash from past experiences.
“The last time Alberta considered using the notwithstanding clause, the public reaction against it was fairly swift and they stepped back,” – Eric Adams
Government’s Strategy Moving Forward
Smith stated during her weekend radio program that battling through the court system is the preferred method for addressing the injunction. She further sought to assure listeners of her confidence in Alberta’s legal standing on Bill 26.
“We want to battle this out, and the way you do that is you go to the higher levels of court. If we were to impose the notwithstanding clause, everything would stop. We actually think that we’ve got a very solid case,” – Danielle Smith
Smith is as determined as ever to force the issue through litigation. While she’s pledged to not touch the notwithstanding clause, it would be as a “last resort.” You can be sure that the Alberta government has every intention of bolstering Bill 26’s constitutional backbone. They think it’s critical for addressing issues around transgender health-care.
Advocacy and Community Response
This first step towards a permanent injunction has prompted celebration as well as relief among advocacy organizations. Bennett Jensen, legal director of Egale Canada, an organization known for its advocacy of 2SLGBTQ+ rights, told Global News he was pleased with the court’s ruling. In response to the ruling, Jensen said it provides some reassurance to everyone impacted by Bill 26.
“I think we’ve been holding our breath until we got this decision,” – Bennett Jensen
Jensen’s comments reflect wider concerns among legal experts and community advocates about Alberta’s transgender health care policies. The legal community has been deeply engaged in measuring the legislation’s effects on vulnerable populations. They recognize the need to protect and thoughtfully consider constitutional rights in this space.
As Alberta awaits the next moves in its own court battle to challenge the injunction, it is anyone’s guess what the outcome will be. The province works closely with the developing legal and public advocacy landscape. Their engagement will be instrumental to determining the ultimate fate of Bill 26 and what it means for transgender youth living in Alberta.
