Canadian Doctors Challenge Alberta’s Ban on Gender-Affirming Treatments for Children

A group representing Canada’s doctors is taking legal action against Alberta’s legislation that prohibits certain gender-affirming treatments for children under the age of 16, arguing that it violates their Charter right to freedom of conscience. The Canadian Medical Association (CMA) filed the challenge in Alberta Court of King’s Bench, stating that the legislation interferes with the doctor-patient relationship and undermines physicians’ ability to make treatment decisions based on clinical guidelines and their own conscience.

The legislation, which was part of a series of bills affecting transgender individuals passed by Alberta Premier Danielle Smith’s government, prohibits doctors from prescribing hormone therapy and puberty blockers to children under 16 and bans gender-affirming surgeries for those under 18. It also includes provisions that restrict transgender women from participating in amateur women’s sports and require parental consent for children under 16 to change their names or pronouns at school.

Dr. Jake Donaldson, a family doctor in Calgary and one of the doctors involved in the legal challenge, expressed concerns about the impact of the law on his ability to provide individualized, evidence-based care to his patients. He stated that the legislation has created a moral crisis for physicians and forced them to withhold beneficial treatments from patients who could greatly benefit from them.

Despite an exemption clause in the legislation allowing existing patients to continue receiving gender-affirming care, Donaldson emphasized the importance of following established guidelines and evidence-based practices in providing medical treatment. The CMA president, Dr. Joss Reimer, echoed Donaldson’s sentiments, highlighting the association’s commitment to protecting physicians from being forced to choose between following ethical guidelines, professional standards, or the law.

Alberta Justice Minister Mickey Amery’s press secretary defended the legislation, stating that it aims to protect children from making irreversible decisions. The government intends to vigorously defend its position in court against the legal challenge brought forth by the CMA and other advocacy groups.

The CMA’s legal challenge is not the first to contest the constitutionality of Alberta’s transgender legislation. In December, advocacy groups and families filed a Charter challenge and injunction application against all three bills. While hearings for the injunction application have taken place, a ruling has yet to be made.

Advocates for LGBTQ rights welcomed the CMA’s involvement in the legal battle, emphasizing the importance of preserving the doctor-patient relationship without government interference. Premier Danielle Smith has defended the legislation as striking a balance between protecting minors and upholding constitutional rights, stating that limitations on minors’ decision-making are necessary to ensure their well-being.

In response to potential legal challenges, Smith has indicated that she may use the notwithstanding clause in the Charter as a last resort to override any breaches and enforce the legislation. The ongoing legal disputes highlight the complex and contentious nature of balancing rights and protections for transgender individuals, minors, and healthcare providers in the Canadian legal landscape.