Alberta is weighing "all options" after the Court of King's Bench halted legislation banning gender transition procedures for minors. Saskatchewan faced a similar injunction, then invoked the notwithstanding clause last year.

On June 27, Justice Allison Kuntz granted an injunction against Bill 26, part of the Health Statutes Amendment Act, which was set to prohibit regulated health professionals from prescribing hormone therapies to minors for gender dysphoria or gender incongruence starting in early 2025.

This followed a Charter challenge by Egale Canada, the Skipping Stone Foundation, and five Alberta families, even though the legislation outlines Ministerial Order exemptions for 16- and 17-year-olds with parental, physician, and psychologist approval, as well as for minors already prescribed such therapies.

Time for the notwithstanding clause pic.twitter.com/jJvXVgiFxD

— Sheila Gunn Reid (@SheilaGunnReid) June 28, 2025

Kuntz stated the law's issues required a court hearing and a temporary halt to prevent "irreparable" harm to youth, according to the Epoch Times.

Heather Jenkins, spokesperson for the minister of justice, told Rebel News the province will “vigorously defend their position in court” and is “considering all options” with respect to the court’s decision.

She clarified the act was legislated “to protect children and youth when making life-altering and potentially irreversible adult decisions about their bodies.”

Premier Smith welcomed a court debate on her June 28 radio show, but fell short of backing the notwithstanding clause as an option to uphold the legislative changes.

.@SheilaGunnReid asked Premier Smith if she'll follow Sask. and use the notwithstanding clause to enshrine the UCP's new parental rights legislation.

She's hopeful about not invoking the clause, and that courts will see it as a "reasonable" change.https://t.co/vuu2u10GNz pic.twitter.com/F6UdMpggT1

— Rebel News (@RebelNewsOnline) November 2, 2024

“We'll see how that goes, but it isn't going to be implemented right off the clock,” Smith told Rebel News last November 2. The comments follow Saskatchewan invoking the clause last fall to protect parental rights in all school environments.

A 2023 Leger poll found nearly half (46%) of Canadians support provincial governments using the notwithstanding clause to legally enshrine parental consent on 'gender identity' matters.

Only 37% backed invoking the clause to ban all school discussions on sexual orientation and 'gender identity.'

Smith has frequently said parents have a right to protect their “child’s innocence” from “issues of sexuality.” 

A recent survey on age-inappropriate materials ridiculed access to sexually crude literature in school libraries.

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