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yesterday

Canadian Medical Association Files Charter Challenge to Alberta’s Transgender Youth Care Restrictions

The CMA contends Bill 26 intrudes on the physician-patient relationship by forcing doctors to follow legislation instead of clinical guidelines.

Opponents of the Alberta UCP government's legislation affecting Transgender people hold a rally outside the Alberta legislature in March 2025.
The Canadian Medical Association is challenging the constitutionality of Alberta's legislation limiting access to medical treatment for transgender youth.

Overview

  • The CMA filed a constitutional challenge on May 28 in Alberta Court of King’s Bench, arguing Bill 26 violates physicians’ Section 2 Charter rights by intruding on the physician-patient relationship and conscience.
  • Bill 26, enacted in December 2024, bars doctors from prescribing puberty blockers and hormone therapies for those under 16 and prohibits gender-reassignment surgeries for minors under 18.
  • The Alberta Medical Association and Children’s Healthcare Canada endorsed the CMA’s action, citing widespread moral distress among doctors compelled to follow legal mandates over clinical standards.
  • Premier Danielle Smith’s government maintains the measures protect youth from irreversible decisions and has pledged to vigorously defend the law in court, potentially invoking the notwithstanding clause.
  • Advocacy groups Egale Canada and the Skipping Stone Foundation, along with affected families, launched an earlier Charter challenge in December, underscoring ongoing legal battles over the province’s transgender policies.