The Canadian Medical Association says it is taking the Alberta government to court, launching a constitutional challenge against Bill 26 to protect the rights of young patients and their families to make medical decisions in consultation with physicians.
The association, joined by three Alberta doctors, filed an application Wednesday with the Court of King's Bench, arguing the legislation violates doctors’ freedom of conscience under the Canadian Charter of Rights and Freedoms and represents a dangerous intrusion into the physician-patient relationship.
Bill 26 restricts how doctors provide gender-affirming care to minors, prescribing when and how specific treatments can be administered, and what medications may be used. The CMA says the legislation forces doctors to follow government orders instead of clinical guidelines, patient needs or their own medical judgment.
“Medicine is a calling. Doctors pursue it because they are compelled to care for and promote the well-being of patients,” said CMA president Dr. Joss Reimer in a statement. “When a government bans specific treatments, it interferes with a doctor's ability to empower patients to choose the best care possible.”
Dr. Jake Donaldson, a Calgary family physician who provides gender-affirming care to about 40 youth, said the law has left many health professionals in a moral crisis.
“These patients are a vulnerable group that already face significant and disproportionate discrimination, violence and mental health challenges,” Donaldson said. “Bill 26 commands physicians to stand on the sidelines and watch them suffer.”
The legal challenge comes as gender-affirming care for minors remains a politically charged issue in Alberta. Premier Danielle Smith’s government has defended the legislation as a means of protecting children, but critics say it undermines medical expertise and human rights.
The CMA says its challenge is not solely about gender-affirming care, but about defending the principle that medical decisions should be made between patients and their health providers — not politicians.
The association also warned that allowing governments to dictate treatments could set a precedent affecting other areas of medicine, including vaccination, reproductive health, and end-of-life care.
“At a time when the Canadian health system is under significant pressure, the Alberta government should be spending its time, energy and resources on the 650,000 people in the province without a family doctor,” said the CMA. “This is a misplaced priority that doesn’t reflect the health care needs of Albertans, or Canadians.”
The CMA says physicians across the country are bound by its Code of Ethics and Professionalism, a framework dating back to 1868 that outlines their duty to act in the best interest of patients with integrity and compassion.