Already facing a major lawsuit over alleged corruption levelled by the former head of Alberta Health Services, the Smith government now finds itself in a legal battle with Canada’s doctors over its controversial legislation limiting access to medical treatment for transgender youth.
Whether the legal challenge will end up derailing the premier’s plans vis-a-vis health care for these young Albertans remains to be seen. What is known is that the bigger question of whether MLAs or physicians should have the ultimate say when it comes to health care is also at stake.
Last week the Canadian Medical Association launched a constitutional challenge to the UCP’s Bill 26, which directs physicians on how to deliver gender-affirming care to people under 18.
The legislation is an “historic and unprecedented government intrusion into the physician-patient relationship and requires doctors to follow the law rather than clinical guidelines, the needs of patients and their own conscience,” the association says.
“These patients are a vulnerable group that already face significant and disproportionate discrimination, violence and mental health challenges. Bill 26 commands physicians to stand on the sidelines and watch them suffer.
“The CMA felt it had no choice but to step in before this kind of political interference expands to other national health issues, such as vaccination, reproductive health, medical assistance in dying, or even cancers or surgeries resulting from lifestyle choices.”
The legislation at the heart of the challenge prohibits physicians from prescribing hormone therapy and puberty blockers to those under the age of 16.
For her part, Premier Danielle Smith says the legislation is needed to protect young people from making medical decisions before they reach adulthood.
“We are here to support and uplift every child who identifies as transgender and who experiences gender dysphoria as well as their families, who want what’s best for them,” Smith said when the legislation was introduced.
Many Albertans, including transgender youth and their families, will be watching closely to see the outcome of this latest challenge to the UCP’s health-care agenda.
Dan Singleton is an editor with the Albertan.