The Canadian Medical Association (CMA) and three Alberta physicians are pursuing a judicial review of Bill 26, known as the province’s gender-care legislation.
A statement from the CMA said the bill directs physicians on how to deliver gender-affirming care to people under 18, down to which medications they can use.
“This is a historic and unprecedented government intrusion into the physician-patient relationship and requires doctors to follow the law rather than clinical guidelines, the needs of patients and their own conscience,” said the statement issued Wednesday morning.
The CMA said it has filed an application with the Court of King’s Bench for the judicial review of Bill 26, the Health Statutes Amendment Act, 2024 and its proposed changes to the Health Professions Act R.S.A 2000.
Bill 26 was introduced on Oct. 31, 2024, to preserve choice for minors identifying as transgender while refocusing the health-care system, according to the province.
“Medicine is a calling. Doctors pursue it because they are compelled to care for and promote the well-being of patients,” said CMA president Joss Reimer in a statement. “When a government bans specific treatments, it interferes with a doctor’s ability to empower patients to choose the best care possible.
A statement from the Ministry of Justice’s press secretary Heather Jenkins said the provincial government intends to “vigorously defend” their position in court.
“Bill 26 was introduced to protect and preserve children and youth from potentially irreversible decisions,” said Jenkins.
The CMA said the legislation renders physicians powerless in providing independent expertise, clinical guidance and treatment options when it comes to gender-affirming care.
Jake Donaldson, a Calgary-based family physician who provides gender-affirming care to about 40 adolescents, said the legislation has put him and his colleagues in a state of “moral crisis.”
“These patients are a vulnerable group that already face significant and disproportionate discrimination, violence and mental health challenges,” said Donaldson in a CMA statement. “Bill 26 commands physicians to stand on the sidelines and watch them suffer.”
Since the bill and other transgender legislation was introduced, advocacy groups and families have protested and taken legal action against the province, arguing that Bill 26 violates gender-diverse young people’s section 7 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.
Part of Bill 26 prohibits gender-affirming “top” surgeries for minors which went into effect when the bill received royal assent in December 2024. The legislation also bans puberty blockers and hormone therapy for those with gender dysphoria.
Egale Canada and Skipping Stone, both LGBTQ2S+ advocacy groups, have requested for an injunction to block the denial of health care for gender diverse youth while the bill faces a constitutional test.
Egale Canada confirmed it is still waiting for a decision with respect to the injunction that was heard in March before the Court of King’s Bench in Calgary.
“At the heart of our case is the principle that everyone deserves access to health care and the support of medical professionals without interference from the government,” said a statement from Egale. “[We] welcome the CMA’s legal action in Alberta challenging the constitutionality of Bill 26, which will bring the perspectives of medical providers."
Sarah Hoffman, NDP shadow minister of health, said she is pleased to see doctors stand with their patients in opposing UCP law.
“When medical experts and parents agree on safe medical treatment, the government shouldn’t be preventing it,” said Hoffman in an emailed statement. “The new CMA legal challenge to Bill 26 is about defending parental and human rights.”
CTV News Edmonton reached out to the Ministry of Justice for comment.
