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Alberta premier intends to 'battle' injunction on transgender health-care law in court

(6 months ago)
Rukhsar Ali
Bill 26ConstitutionalCourtHealth careInjunctionNotwithstanding clauseTransgenderYouthAlbertaCanadaOntarioQuebecSaskatchewanAlberta Court of King's BenchEgale CanadaUniversity of AlbertaAllison KuntzBennett JensenDanielle SmithEric AdamsRalph KleinLegalLegislationBillsLaws

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Alberta Premier Danielle Smith announced her intention to appeal a temporary injunction that has paused Bill 26, a provincial law banning gender-affirming care for youth under 16. Justice Allison Kuntz granted the injunction on Friday, stating the law could cause 'irreparable harm' to gender-diverse youth. Smith, however, believes the court is wrong and plans to fight the decision in higher courts, also mentioning the 'notwithstanding clause' as a potential 'last resort'. Legal experts note that this injunction is not a final constitutional ruling, and the legal battle could continue for years.

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  1. 1 1998: Ralph Klein's government first used notwithstanding clause in Alberta
  2. 2 2000: Ralph Klein's government used notwithstanding clause again
  3. 3 Friday (before article): Justice Allison Kuntz handed down written judgment on Bill 26, granting temporary injunction
  4. 4 Saturday: Premier Danielle Smith announced intention to appeal on her radio program
  5. 5 October (earliest): Provincial legislature scheduled to sit again, when notwithstanding clause could be included in legislation
  6. 6 Years away: Final resolution of constitutional issues
  • The law banning gender-affirming care for youth is temporarily paused
  • A legal battle between the Alberta government and advocacy groups will continue in higher courts
  • Potential for the notwithstanding clause to be invoked in the future
  • The ruling indicates the province's fight for Bill 26 won't be an 'easy walk through the park'
What: Alberta Premier Danielle Smith announced her intention to appeal a temporary injunction that blocked Bill 26, a provincial law banning gender-affirming care for youth under 16.
When: Premier Smith made comments on Saturday (article published June 29, 2025), a day after Justice Allison Kuntz handed down the written judgment on Friday. The provincial legislature is not scheduled to sit again until October.
Where: Alberta, specifically the Alberta Court of King's Bench. Other Canadian provinces (Saskatchewan, Ontario, Quebec) were mentioned in the context of the notwithstanding clause.
Why: Premier Smith intends to appeal because she believes the court is wrong and that the government's law is 'on the side of kids'. The injunction was granted because the law was found to potentially cause 'irreparable harm' to gender-diverse youth.
How: Premier Smith plans to challenge the injunction through the court system. The 'notwithstanding clause' is being considered as a 'last resort', which would require legislative action when the legislature reconvenes.

Alberta Premier Danielle Smith announced her intention to appeal a temporary injunction that has paused Bill 26, a provincial law banning gender-affirming care for youth under 16. Justice Allison Kuntz granted the injunction on Friday, stating the law could cause 'irreparable harm' to gender-diverse youth. Smith, however, believes the court is wrong and plans to fight the decision in higher courts, also mentioning the 'notwithstanding clause' as a potential 'last resort'. Legal experts note that this injunction is not a final constitutional ruling, and the legal battle could continue for years.