The families of Alberta transgender youth are breathing a sigh of relief, for now, after a court ruling paused a provincial law banning doctors from providing gender-affirming care to youth.
The temporary injunction, handed down on Friday by Justice Allion Kuntz, ruled the law could “cause irreparable harm to gender diverse youth,” and that it should be put on hold until the Charter questions it raises can be fully tested in court.
It’s a ruling that has lessened anxieties for Alberta mom Haley Ray, who says her child knew there was something different about them at just three years old.
“What I learnt from having a kiddo that young is there is a knowing of self that we don’t give credit to, and I think most adults don’t begin to explore,” she told Global News.
Nine years later, Ray’s transgender daughter is now at the age where she is using puberty blockers, something the UCP government’s Bill 26 would outlaw.
The law, which passed late last year but is not yet fully in effect, bans doctors from providing treatment such as puberty blockers and hormone therapy to those under 16.
“Our kids are already struggling day to day and made all of these spaces, and so when that was announced and these policy measures were announced and being prioritized by the government, it was blindsiding and it was like, how do we, what do we do with it?”
In the Friday decision, Kuntz wrote that denying treatment risks causing youth emotional harm and exposing them to permanent physical changes that don’t match their gender identity.
“The evidence shows that singling out health care for gender diverse youth and making it subject to government control will cause irreparable harm to gender diverse youth by reinforcing the discrimination and prejudice that they are already subjected to,” Kuntz wrote in the judgment.
“Intentionally or not, the ban will signal that there is something wrong with or suspect about having a gender identity that is different than the sex you were assigned at birth.”
Alberta Premier Danielle Smith took aim at the ruling in her weekly radio show on Saturday, arguing the courts had gotten the matter wrong.
“The court had said that they think that there will be irreparable harm if the law goes ahead. I feel the reverse,” Smith said.
The Alberta Medical Association’s pediatrics section says the effects of puberty blockers are not irreversible, and that puberty goes forward after treatment is stopped.
Medical associations across the country have also come out against any government proposal to restrict access to evidence-based medical care, including for transgender people.
Smith, meanwhile, has argued there is no consensus among the medical community about puberty blockers, citing a recent move by the U.K. NHS to limit their use.
“We actually think that we’ve got a very solid case, we think we’ve been measured,” Smith said on her radio show.
“I think we’ve been evidence-based and we think we’re on the side of kids, so we want to see how long the process will play out but we think it’s really important for these issues to be debated in court.”
Transgender activist Victoria Bucholtz told Global News the law, if it comes into effect, will have devastating effects for trans youth.
“Everyone was surprised that they were wasting taxpayer dollars on persecuting a very small population that really needs support, instead of Danielle Smith barging into doctors’ offices telling doctors what they’re allowed to do,” Bucholtz said.
“Last I checked, she was a radio host, not a medical doctor.”
Butcholtz added that the Alberta LGBTQ2 community won’t back down, and has faith the courts will rule in their favour.
“We will be the ones that once again uphold human rights in this country because Alberta queers don’t lose these fights,” Bucholtz said.
The Alberta government is expected to appeal the ruling.
— with files from the Canadian Press