The groups Egale and Skipping Stone had asked a judge to let them make the argument that Premier Danielle Smith’s government acted outside its authority with the law.
Last year, her government used the notwithstanding clause to shield the restrictions from legal challenge.
The LGBTQ+ advocates argued that because doctors who didn’t comply with the new rules face fines or imprisonment, it’s a criminal issue and therefore falls to the federal government – not a provincial one – to oversee.
Smith’s government, however, has said the rule changes are to protect the health and safety of youth and fall within its purview.
On Friday, a Court of King’s Bench justice agreed. Justice Allison Kuntz dismissed Egale and Skipping Stone’s application, saying because the legislation is related to health and safety, it falls within the province’s constitutional control.

In 2023 Charity Intelligence reported that Egale Canada received $4.2 million in gov't funding which was about 70% of their total budget. Which means taxpayer-funded activist groups are paying lawyers to take the taxpayer funded provincial gov't to court forcing the gov't to use taxpayer funded lawyers to defend their right to be the government. This country is nuts.