Alberta Premier Danielle Smith has announced her government’s intention to fight a court ruling that temporarily halts the implementation of Bill 26, a controversial provincial law aimed at banning gender-affirming medical care for minors.

The decision came after Justice Allison Kuntz of the Alberta Court of King’s Bench issued a temporary injunction on Friday, blocking the province from enforcing the bill. The court cited concerns about potential “irreparable harm” to transgender youth if the legislation were allowed to proceed.

Premier Smith responded on her weekly radio show, Your Province, Your Premier, on Saturday, expressing strong disagreement with the ruling.

“The court had said that they think that there will be irreparable harm if the law goes ahead. I feel the reverse,” Smith stated.
“We want to battle this out, and the way you do that is you go to the higher levels of court.”

Smith indicated that her government will challenge the injunction through the judicial system rather than invoking the notwithstanding clause, which would override the court’s decision but also halt the case from progressing further.

“We actually think that we’ve got a very solid case,” she added.

The ruling has been welcomed by Egale Canada, an advocacy group for LGBTQ+ rights. In a statement, the organization said the decision suggests that Bill 26 “merits a reconsideration”, especially given its impact on youth access to critical health care.

Critics of Bill 26 argue it infringes on human rights and access to medically necessary treatment for transgender youth, while supporters of the bill claim it is about protecting children and parental rights.

As the legal battle unfolds, the case is expected to move to higher courts, potentially setting a precedent for how provinces across Canada can legislate on matters of gender-affirming care.