| | On December 18, despite our best efforts, the Alberta Court of King’s Bench lifted the injunction that had been protecting access to gender-affirming health care for trans youth. This means that Bill 26 will now come into effect, ending access to critical care for many young people (see ban exemptions).
The Court’s decision was based on the passage of the Government of Alberta’s Bill 9, which invokes the notwithstanding clause, to prevent courts from striking down Bills 26 (gender-affirming care), 27 (school inclusion) and 29 (sports) on the basis that they violate the Charter. The use of the notwithstanding clause with respect to these three laws is shocking government overreach; a cruel and dangerous move that strips away rights from some of the most vulnerable youth in Alberta.
We are not done fighting.
Represented by
a pro bono legal team from McCarthy Tétrault LLP and the Egale Canada legal team, Egale, Skipping Stone, and five gender diverse young people and their families are advancing new constitutional arguments not subject to the notwithstanding clause. On January 26, 2026, we return to court and will seek a new injunction on these grounds.
This is about more than just Alberta – it's about the future of human rights in Canada.
We must not let the use of the notwithstanding clause become a free pass for governments to take away rights from our communities. And we need
your help to keep fighting. | | | |
| Thank you so much for standing with us, and with trans and gender diverse young people across Alberta, in this critical moment.
In solidarity,
Your friends at Egale Canada | | |
Egale Canada 120 Carlton Street, Suite 217 |
Toronto, Ontario M5A 4K2 416-964-7887 | [email protected]Egale works to improve the lives of 2SLGBTQI people in Canada and to enhance the global response to 2SLGBTQI issues. Egale achieves this by informing public policy, inspiring cultural change, and promoting human rights and inclusion through research, education and community engagement. | | | | |