EDMONTON – Two advocacy groups fighting the Alberta government on its transgender laws say they’re looking to keep one of their challenges alive by changing their argument in court.
The renewed challenge from Egale and Skipping Stone comes one day after Premier Danielle Smith’s government officially used the notwithstanding clause to shield three of its transgender laws from court challenge.
The clause, now used four times by Alberta in two months, allows governments to override certain Charter rights for up to five years.
The groups launched the challenge against one law shortly after it passed last year. The legislation prohibits doctors from prescribing puberty blockers and hormone therapy to those under 16 and from performing gender-affirming top surgeries on those under 18.
Earlier this year, a judge granted a temporary injunction against the prohibition, saying it raises serious Charter issues that need to be hashed out further. The judge also said the law would likely cause irreparable harm to gender-diverse youth.
Egale and Skipping Stone, in a statement Thursday, said since it’s likely the law can no longer be struck down on Charter grounds, they’re looking to argue it as a criminal law issue, because doctors who don’t comply with it could face fines or even imprisonment.
Only the federal government has the authority to make criminal law, so Alberta’s law should be ruled unconstitutional and struck down, the groups argue in their amended claim, filed in Calgary court.
Egale’s legal director, Bennett Jensen, said the legislation is a clear example of government overreach.
“We are seeking to amend our legal challenge so the courts can assess the full scope of this government’s overreach, including whether Alberta has unlawfully stepped into federal criminal law powers,” Jensen said in the statement.
“We will argue that it has, by seeking to impermissibly force its moral agenda onto doctors and families, and we will continue to fight these laws with every legal avenue available to us.”
Justice Minister Mickey Amery’s office said in a statement that the government understands its laws impact families.
“These conversations deserve respect, patience and compassion — never anger or judgment,” said Amery’s press secretary, Heather Jenkins.
She added that the government’s legislation and use of the notwithstanding clause preserve choices for children while ensuring parents are their primary caregivers.
“Alberta’s United Conservative government will be unapologetic in our commitment to these principles,” Jenkins said.
Smith has said the government’s health law and the use of the notwithstanding clause is necessary to protect youth from potentially life-altering medical treatment decisions that they may later regret.
“We know that the pathway for children to be medicalized early does not stand up to scrutiny,” the premier said in question period earlier this week.
“It has not been tested, and we’re not going to do medical experiments on children.”
The amended claim from the advocacy groups says if the court doesn’t rule in their favour, they want an exemption to the law for five gender-diverse youth who are applicants in the challenge.
They also say they’re seeking a court declaration that the government’s law infringes on the rights of youth.
Egale said a hearing for the case is scheduled for April.
The injunction granted earlier this year also remains in effect, the group said, although the government has filed an appeal.
Both groups also launched a challenge against the province’s school pronoun law. It requires parental consent for children under 16 to change their names or pronouns at school. It also puts the onus on parents to opt in their children for school lessons on sexuality, sexual orientation and gender identity.
The groups said they plan to continue that court challenge as well and remain committed to challenging the third law, which bans transgender girls and women from participating in amateur female sports.
This report by The Canadian Press was first published Dec. 11, 2025.
