John Carpay: Whether Courts Defer to Government Depends on the Political Issue at Play

Commentary
On June 27, the Alberta Court of King’s Bench suspended Alberta’s law to protect vulnerable minors from puberty blockers and opposite-sex hormones. Granting a temporary injunction to the LGBT etc. advocacy group Egale Canada, the court has put the law on hold for the next year or two until there is a full hearing on the merits of Egale Canada’s constitutional challenge.
At issue is Bill 26, which prevents Alberta doctors from prescribing puberty blockers and opposite-sex hormones to minors under 16. Egale Canada argues that minors essentially have a constitutional right to receive these drugs, and that government should not “impose” choices on youth or interfere in the doctor-patient relationship….