Don’t strip away the rights of trans children
- Explaining the actions of the Alberta Government invoking the “notwithstanding clause” to strip trans children of their rights so that harmful legislation can be passed.
This past Thursday was the Transgender Day of Remembrance – to memorialize those who have been, and continue to be, murdered because of transphobia.
I pause at the keyboard to let that sink in for myself. The reality of such a level of hate against this vulnerable minority weighs heavily on me.
A friend asked me the other day why I post on social media from time to time in support of trans folks – is there a trans person in my family or otherwise close to me? There isn’t. Trans folks are a vulnerable minority fighting uphill simply to exist. Being a vocal ally is the least I can do.
The day of remembrance is a particularly heavy day in the context of the Alberta Government stripping away, from trans children, fundamental rights the rest of us enjoy as enshrined in our Charter of Rights and Freedoms.
Yes, targeting the most vulnerable of this vulnerable group: the children.
The Charter says such things as “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” (section 7)
And “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” (section 15(1))
The Alberta Government is attempting to pass into law a piece of legislation that would prohibit doctors from prescribing certain drugs, including puberty blockers and hormone replacement therapy, to folks under the age of 18. I’ll refer to that law as the “Ban”.
The Ban is being challenged for breaching the fundamental Charter rights of trans children – specifically the two sets of rights I’ve quoted: sections 7 and 15(1).
Justice Allison G. Kuntz of the Alberta Court of King’s Bench granted an injunction on June 27th, 2025, stopping the Ban from being proclaimed into force. Justice Kuntz found that irreparable harm would be caused to trans children if the Ban did come into force.
The purpose of the injunction was to prevent trans children from being harmed until a full trial about the rights of trans children could be heard.
Earlier last week, Premier Smith’s government introduced a bill that invokes the Charter’s “notwithstanding clause” to shield three pieces of legislation pertaining to trans children from Charter challenge. The Ban is one of the three.
The “notwithstanding clause” is section 33 of the Charter. It allows a government to expressly declare that a law shall operate notwithstanding that it might infringe on Charter rights.
Using the notwithstanding clause allows these laws that target trans children to operate as if the Charter rights of trans children don’t exist.
I presume that the injunction put in place to protect trans children from the irreparable harm the Ban is expected to cause will be lifted.
I find it so very offensive that a government would strip trans children of their Charter rights to bulldoze a law into force. A law that a judge has already found will cause trans children irreparable harm.
There is much misinformation circulating about what’s best for trans children. Well meaning folks have expressed their opinions in favour of the Alberta government. What’s best for this incredibly vulnerable group of children is not, in my view, a matter for uninformed public opinion. Rather, it’s a matter of medical expertise.
Medical expertise was brought before the Alberta Justice who granted the injunction to protect trans children. Anyone with an interest in what’s best for trans children would benefit from reading Justice Kuntz’ decision which is available online. The case citation is Egale Canada v. Alberta, 2025 ABKB 394. If you have difficulty finding it, let me know and I’ll send a link.
If you’re interested in the experience of trans children, one perspective that I found illuminating is Elliot Page’s memoir – Pageboy.
