Justice Allison Kuntz ruled in favour of removing an injunction against Alberta's laws in Bill 26, which bans transgender related medication for children under 16, on Thursday, after the provincial government invoked the notwithstanding clause.
The UCP government passed Bill 26 in December 2024, banning doctors from providing puberty blockers or hormone treatments for the purpose of gender transition to children under 16.
Sexual minority activist groups Egale and Skipping Stone subsequently applied for and had an injunction against the laws granted by Kuntz in June.
In November, Justice Minister Mickey Amery tabled Bill 9 in the Alberta Legislative Assembly, which invoked the notwithstanding clause to three previously passed pieces of legislation intended to "protect children and families," including the above-mentioned laws in Bill 26.
"Well, kids have to go through puberty in order to be able to have kids, that’s just the way it is,” said Premier Danielle Smith when Bill 9 was announced.
“Becoming sexually mature means, and we want to make sure that at the age of 16, when they’re old enough to be able to make these decisions for themselves, and understand the full consequences of it, they can begin that journey.”
After passing Bill 9 on Dec. 11, the Alberta government appealed for Kuntz to lift the injunction.
"Alberta’s government is pleased that the injunction has removed," wrote Heather Jenkins, press secretary for the Justice Ministry, in a statement following Thursday's ruling.
"Bill 9 preserves the choices of children and youth, strengthens the role of parents as a child’s primary caregiver, and ensures fairness and safety in amateur competitive sports. Alberta’s United Conservative government will be unapologetic in our commitment to these principles."
According to an article written by The Canadian Press, the sexual minority activist groups plan to file a criminal law injunction against Bill 26, since fines or imprisonment could be imposed on doctors who do not comply with the bill's laws.
The activists currently have an active court challenge over the government's laws requiring parental consent before a school can change a student's name or pronouns related to gender identity.
They have also said they plan to challenge Alberta's transgender sports laws.
