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Alberta Judge Denies Effort to Amend Court Challenge Against Province's Trans Law
The judge said the ban’s main purpose is protecting minors’ health, and Egale said it will appeal.
On Friday, Justice Allison Kuntz dismissed an application from Egale Canada and Skipping Stone Scholarship Foundation to amend their legal challenge against Bill 26, which restricts hormone therapy for minors.
Alberta Premier Danielle Smith's government invoked the Charter's notwithstanding clause in December to shield the legislation, prompting advocacy groups to attempt a new legal strategy by reframing the ban as criminal law.
Egale argued the ban—carrying penalties of $25,000—falls under federal criminal jurisdiction, but Kuntz ruled the "dominant purpose" is health and safety, citing reliance on the four-year Cass review.
Following the ruling, Skipping Stone and Egale officials confirmed they intend to appeal the decision, though the groups retain their original Charter challenge against the health-care law as litigation continues.
The broader legal battle remains on hold while the Supreme Court weighs a similar case from Saskatchewan, which will examine if laws shielded by the notwithstanding clause can still be declared Charter violations.