Latest news with #Egale
Edmonton Journal
8 hours ago
- Health
- Edmonton Journal
Alberta transgender health-care bill blocked as judge issues temporary injunction
Article content EDMONTON — An Alberta judge has put on hold a provincial law that bans doctors from providing gender-affirming care to youth. Justice Allison Kuntz, in a written judgment Friday, said the law raises serious Charter issues that need to be hashed out in court, and issued a temporary injunction against it before it fully came into effect. Kuntz wrote that a temporary stop is needed while the issue is debated. Article content '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.' The law, passed late last year but not fully in effect, bans doctors from providing treatment such as puberty blockers and hormone therapy to those under 16. LGBTQ+ advocacy groups Egale Canada and the Skipping Stone Foundation — as well as five transgender youth who would be affected by the law — took the province to court the same month it passed. 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. Article content The government, according to the decision, argued that claims of harm were speculative considering the law wasn't fully in effect, and that the treatments the law seeks to ban aren't scientifically supported. Kuntz wrote that the advocacy groups also submitted scientific evidence on the treatments that support their perspectives, but the injunction hearings weren't the appropriate stage to determine which side's evidence stood taller. Kuntz, however, largely sided with the advocacy group's evidence in her decision. She wrote that the government's scientific evidence wasn't 'so overwhelming' as to prevent a finding that the youth's human rights are being infringed upon. The province also argued that the law didn't cause the psychological harm facing the youth involved in the case, but it was a result of going through puberty. Article content 'The starting point for an alleged harm might not be caused by government action, but government action may impact an individual's ability to address the harm in a way that infringes their Charter rights and causes further harm,' Kuntz wrote in response to that argument. Egale's legal director Bennett Jensen said Friday that the decision was a 'huge relief.' '(The legislation) does not solve any real issues in the medical system,' Jensen said in an interview. 'It simply creates them and targets an already very vulnerable, small group of young people with further discrimination, and that's what the judge found.' Premier Danielle Smith has said she believes the legislation is needed to protect young people from making permanent, life-altering decisions. Smith has said it's about preserving that adult choice, and that making 'permanent and irreversible decisions' about one's biological sex while still a child can limit that. Article content Kuntz, in her decision, disagreed and said Alberta's law was not necessary to preserve choice. 'That choice is available without government intervention,' Kuntz wrote. 'The ban takes away choice in favour of preserving a very specific choice that some youth may not want to preserve, or that some youth may want to approach differently than the ban assumes.' Alberta Justice Minister Mickey Amery's press secretary, Heather Jenkins, reiterated in an email that the legislation protects youth from making irreversible decisions. 'Alberta's government will continue to vigorously defend our position in court and is considering all options with respect to the court's decision,' Jenkins said. Opposition NDP Leader Naheed Nenshi said in a statement that his party was pleased with the decision, calling it a 'great day for young Albertans who simply want to live authentically and safely.' Article content 'This was never about doing the right thing: it was always about demonizing vulnerable kids to boost Danielle Smith's political fortunes,' Nenshi said. Also lauding the decision Friday was Senator Kris Wells, the former Canada Research Chair for the Public Understanding of Sexual and Gender Minority Youth. 'This isn't just a win for trans youth, it is a win for Canada's health-care system,' Wells wrote on social media. 'No politician should be dictating or restricting your access to evidence-based medical care.' Egale and the Skipping Stone Foundation aren't the only groups challenging the bill. Last month, the Canadian Medical Association and three Alberta-based doctors launched a legal case challenging the legislation's constitutionality, arguing it violates their Charter right to freedom of conscience. Alberta's other two pieces of transgender legislation _ banning transgender women from competing in women's sports and requiring children under 16 to have parental consent to change their names or pronouns at school — have yet to be challenged in court. Latest National Stories
Edmonton Journal
11 hours ago
- Health
- Edmonton Journal
Alberta judge grants temporary injunction blocking a transgender health-care bill
Article content 'This isn't just a win for trans youth, it is a win for Canada's health-care system,' Wells wrote on social media. 'No politician should be dictating or restricting your access to evidence-based medical care.' Egale and the Skipping Stone Foundation aren't the only groups challenging the bill. Last month, the Canadian Medical Association and three Alberta-based doctors launched a legal case challenging the constitutionality of the bill, arguing it violates their Charter right to freedom of conscience. Alberta's other two pieces of transgender legislation _ banning transgender women from competing in womens sports and preventing youth under 16 from changing their name or pronouns in the school system without parental consent — have yet to be challenged in court. The education bill also requires parents to opt in for their children to receive lessons in school on sexuality, sexual orientation and gender identity. — with files from Aaron Sousa
Global News
12 hours ago
- Health
- Global News
Judge grants injunction request blocking Alberta's gender-affirming care legislation
Organizations that advocate for members of the LGBTQ2 community are calling a court injunction preventing the Alberta government from banning gender-affirming treatment for people under 16 'a historic win.' Egale Canada welcomed the decision in a news release on Friday afternoon. Egale along with a group called Skipping Stone and several Alberta families have argued that gender-affirming care legislation introduced in Bill 26 will cause harm. 'As we have long argued, the government should never interfere in the medical decisions of doctors and patients or prevent parents and youth from deciding what medical care is right for them,' Egale Canada said. 'Everyone deserves the ability to access health care and participate fully in their communities. 'We are grateful that the court has acted to protect access to critical medical care.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy When she issued the temporary injunction, Justice Allison Kuntz said the legislation raises serious issues that need to addressed in court and that her decision was in order to prevent 'irreparable harm' for young patients until the issues at play are addressed. Story continues below advertisement The organizations filed documents to seek the injunction with the Court of King's Bench of Alberta in late 2024. The LGBTQ2 groups involved in the case had argued that changes to health law violate gender-diverse young people's Section 7 Charter right to security of the person, their Section 12 right to be free from cruel and unusual treatment and their Section 15 right to equality. They also argued it violates the Alberta Bill of Rights. Bill 26 is one of three pieces of legislation affecting transgender people passed by Alberta's United Conservative government in the fall. –with files from The Canadian Press' Lisa Johnson
CBC
11-06-2025
- Politics
- CBC
New rules see province screening sex education resources before they hit classrooms
Alberta school leaders and groups that deliver school sex education presentations are preparing for new rules taking effect this fall that require the government to first vet all information. The changes stem from a bill passed last year that the government describes as giving parents and guardians more control and information about what students are learning in school. New guides and forms posted last month on the provincial government's website show that groups that offer presentations to students primarily and explicitly on human sexuality, sexual orientation or gender identity (SOGI) must have both their organization and their presentations first vetted and approved by Alberta Education. Schools must also submit any related resource, such as literature, videos or digital tools, to the government for approval before teachers can use them in classrooms. Exempt from the process is any sexual health information, or resource dealing primarily with SOGI, that is destined for a religion class. In a statement last week, Education Minister Demetrios Nicolaides said those classes are exempt because Albertans have a constitutionally protected right to religious education. Advocates for 2SLGBTQ+ people say the province shouldn't be scrutinizing and gatekeeping information about sexual orientation and gender identity. "It's textbook discrimination," said Bennett Jensen, director of legal for Egale, an organization that plans to challenge the legislation in court. "[The bill] sends the message to the population that the government thinks that there's something wrong with queer and trans people." Presenter groups will also need to re-apply for approval every three years. Schools must submit a resource for re-approval every time a new version is released, according to the minister. The minister says the government is screening to ensure resources and presenters align with the curriculum and are age-appropriate. Nicolaides said he knows that getting groups and resources approved in a timely manner is important for educators. "Since it's the first time that we're doing it at the beginning there, it will be a little bit more busy and hectic, but then it'll slow down as we get into the next few months," Nicolaides said of the review process in an interview last month. The documents say the province will aim to review applications and make a decision within 90 days and starting in August, the government will post a list of approved presenter groups and resources online. Last year's Education Amendment Act will also require parents and guardians to opt students into any sexual health education or lessons discussing SOGI issues. The change from the previous opt-out system will make Alberta the first province where students won't participate in sex ed unless parents want them to. The guidance documents say schools must give parents at least 30 calendar days' notice of the lessons in question and "must provide parents with the option of full or partial consent." Presenters and resources to be used by extracurricular school clubs, including gay-straight alliances, will also need government vetting. However, students don't need parents to opt them into participation in those clubs, Nicolaides's statement said. Uncertainty for presenting groups Calgary Communities Against Sexual Abuse has offered sexual violence education presentations in schools for more than 40 years. Last year, their educators gave 502 presentations to about 6,700 people. CEO Danielle Aubry says depending on age, presentations cover personal space, listening to gut feelings, telling adults about inappropriate touching, and sexual assault. She said it should not be considered sex ed. The minister said in a statement that sexual assault centres and their material will need government vetting. Aubry worries the province will prevent educators from using accurate names for body parts — which police have urged them to teach to help catch perpetrators. She said the opt-in choice could also mean predators can keep their children out of the education sessions. On the plus side, presenters won't need to be vetted by multiple school jurisdictions, president and CEO at the Centre for Sexuality in Calgary Pam Krause said in an interview. The organization has been offering sexual health education in classrooms for 50 years that aligns with provincial health curriculum and is age-appropriate, Krause said. "We don't have any concerns about showing people what we do," Krause said. Krause welcomes any steps that would make sexual health education more consistent across Alberta — which she sees as lacking. She is concerned about the timeliness of approvals from a bureaucratic process, though. Tracking which student is allowed to learn what topics is going to be extra work for for schools, she said and it "defies logic" that students would be allowed to learn part, but not all of the curriculum. "I'm just really hopeful that through this process we can actually enhance education, not really take away what has been working for years and years," Krause said. Parental controls The Alberta Parents' Union has previously run a campaign advocating for parents to have access to more information about what children learn in schools. "We felt that parents were too in the dark," founder and executive director Jeff Park said in an interview last week. Park said it was too difficult for families to get information not only about lessons about sexual health and SOGI issues, but how teachers or presenters were addressing racial identity, religion, ethical values or the oil and gas industry. His members support opt-in sex ed and requiring schools to disclose in advance what will be taught. Although he's happy there will be a central list of approved materials to consult, parents' union members never wanted the government to be the resource gatekeeper, he said. "We would prefer a lot more detail there and a lot less bureaucratic nightmare on the approval side," he said. Park said some parents had concerns about "social values" they didn't agree with being taught to children alongside sex education. Critics say rules based on disinformation Jamie Anderson, a University of Calgary PhD candidate who studies the experiences of trans and queer people in school systems, said misinformation and disinformation are fuelling some worries about what teachers teach, and how they teach it. The guidelines requiring any mention of SOGI to be connected to at least one learning outcome in the curriculum concerns Anderson, as does parents' ability to opt children into lessons by topic. The only overt mention of 2SLGBTQ+ people in the Alberta health curriculum is the expectation that Grade 3 students learn about different family structures, which could include two moms or two dads, he said. "This paints a picture of a very explicit drive to erase queer and trans experiences and content from the classroom," he said. Egale lawyer Jensen said adding administrative barriers for educators to use material mentioning SOGI identities will limit teachers' abilities to respond to the needs of the students before them. "You're saying that there's something wrong with who they are, such that additional permission is required for their identities to even be discussed," he said. In a statement, the minister denied the policies are intended to erase 2SLGBTQ+ people. "These changes will give greater transparency in communication between school authorities and parents and result in greater consistency for students, parents and teachers," Nicolaides said in a statement this week. The new rules are planned to take effect Sept. 1.
CBC
10-03-2025
- Health
- CBC
Court injunction sought against Alberta government's new transgender youth health care legislation
Social Sharing Lawyers for two LGBTQ+ advocacy organizations are in court Monday for the first step in their fight against the Alberta government's transgender law that prevents doctors from providing gender-affirming treatments, including puberty blockers and hormone therapy for youths under the age of 16. Egale Canada and Alberta's Skipping Stone Foundation, joined by the families of five gender-diverse Alberta youths, launched the legal action against the provincial government in December after Bill 26 received royal assent. It has not yet been proclaimed. The groups are challenging the constitutionality of the bill and seeking an injunction that would protect youth access to the health care in question while the courts decide whether the law is constitutional. Egale has called the Alberta government's actions "unprecedented" and " sweeping attack on the rights, safety and freedoms of 2SLGBTQI people in Alberta." The organization argues it is unconstitutional to deny medical care on the basis of being gender diverse and is a violation of the teens' Charter rights to security of the person, freedom from cruel and unusual treatment and their right to equality. A spokesperson for the justice minister previously said it would be inappropriate to comment on the case as it's before the courts but did say the legislation "strikes an apportioned balance." In December, Smith said the bill is necessary to protect children. "We don't allow them to smoke, we don't allow them to do drugs, we don't allow them to drive. So we think that making a permanent decision that will affect one's fertility is an adult decision," Smith said. Smith has previously expressed confidence that her government's bill will withstand the Charter challenge but said the notwithstanding clause is on the table as "a last resort." It's a constitutional measure which allows a government to override certain Charter rights for up to five years. Part of Bill 26 includes a ban on gender-affirming "top" surgery for youths, a rule which is already in effect. Bill 26 is one of three transgender laws the government seeks to implement. The Education Amendment Act will see a requirement for parental consent for children under 16 to change their names or pronouns at school, and for parental opt-in for their kids to be taught lessons on sexuality, sexual orientation and gender identity. The Fairness and Safety in Sports act — banning transgender athletes from competing in female mature sports — is also set to become law. As part of the new legislation, sports organizations will also be required to report eligibility complaints to the government.
