If you’ve heard concerning or confusing information about Alberta banning gender-affirming care in the news recently, this post is for you! The summary: It’s bad. But trans people and their healthcare providers in Alberta have not given up and neither should we.
In the fall of 2024, Alberta passed three anti-trans laws. These laws restricted the rights and freedoms of trans and gender diverse people in Alberta in school, sports, and healthcare.
The healthcare law immediately banned gender-affirming surgery for trans and gender diverse youth under 18. The ban on medications did not come into effect right away. The law itself bans puberty blockers and hormones for all trans youth under 18. The Premier has publicly committed to some medication ban exemptions via future regulations.
Under this law, these surgeries and medications remain completely legal and available to cisgender youth. The ban applies solely when the surgery or medication is used to affirm a trans youth’s gender.
Two Charter challenges were launched against the law. One from non-profits alongside trans youth, and one from the Canadian Medical Association on behalf of healthcare providers in Alberta.
The first lawsuit won an injunction against the medication part of the care ban. On the basis of expert evidence, the judge found:
“The evidence shows that the Ban will cause irreparable harm by causing gender diverse youth to experience permanent changes to their body that do not align with their gender identity.”
This meant that trans youth could continue accessing blockers and hormones for the duration of the ongoing Charter challenge against the law. The goal of the challenge is to strike down the law.
What happened last month?
A leaked memo indicated that the Alberta government had potential plans to use the notwithstanding clause for all three of their anti-trans laws.
The notwithstanding clause is a section from the Charter that allows governments to pass legislation that overrides certain Charter rights.
A law passed with this clause cannot be struck down by a court for infringing on Charter rights. The law operates notwithstanding Charter violations.
Wait, what does that mean?
If Alberta amends their care ban to include this clause when their legislature is in session this fall, they can override the injunction and force the medication ban to take effect.
This means that puberty blockers and hormones could be banned for trans youth in Alberta in the next few months.
What are the implications in Alberta?
This post is intended to educate people in Ontario about what is happening in Alberta and why it should matter to everyone.
People in Alberta can follow Egale and Skipping Stone for up-to-date information on potential changing healthcare access.
Additionally, the Premier has stated that there will be exemptions, including a grandfather clause for youth already accessing medications. Trans youth in Alberta should speak with their affirming healthcare providers.
What about outside of Alberta?
The precedent that would be set by using the notwithstanding clause to ban healthcare is terrifying. What is to stop governments from using the clause to ban other types of politicized healthcare, like abortion or vaccines?
While this directly targets a small population of gender diverse youth and their healthcare providers in Alberta, the ramifications matter for everyone who cares about equal access to healthcare across the country.
What do we do?
Even if Alberta goes ahead with this, politicians across the country need to hear that we fully and utterly reject this.
Contact both your provincial MPP and your federal MP. Tell them you are opposed to the use of the notwithstanding clause and that you are outraged that Alberta is considering this for a gender-affirming care ban. Ask them to commit to not using the notwithstanding clause to evade Charter protections. Tell them that healthcare decisions should be made by patients and providers, not politicians.
Send two emails or make two phone calls in support of trans youth and everyone’s right to access healthcare.
-Hamilton Trans Health Coalition-