Dear Members,
Today, the Canadian Medical Association and three Alberta physicians have filed an application with the Court of King’s Bench of Alberta for the judicial review of Bill 26, the Health Statutes Amendment Act, 2024 regarding its proposed changes to the Health Professions Act R.S.A 2000.
This legislation may be better known to AMA members as the “gender-care legislation.” Although it is not the first bill or legislation in Alberta to do so, Bill 26 notably represents an incursion into the patient-physician relationship. Such interference by legislating medical therapy options is wrong, inappropriate and demonstrates serious government overreach into the practice of medicine.
Since Bill 26 was first tabled, protest against the bill has been passionate and unrelenting from colleagues across the country. Nationally, our colleagues also see the limitations being placed on Alberta’s physicians to use the appropriate standard of care in other areas of medicine, from addictions care to medical assistance in dying. It is this national perspective to which the CMA has responded.
To be clear, the CMA lawsuit is not about the charter rights and freedoms of youth seeking gender-affirming care. Other groups will lead that fight. Instead, the CMA’s argument relates to the core issue for our profession:
That Bill 26 and its proposed changes violate the freedom of conscience of physicians in Alberta contrary to section 2(a) of the Charter of Rights and Freedoms. Protecting freedom of conscience in medical practice ensures doctors can provide medical guidance and treatments in the best interest of patients, without facing disciplinary action.
In Canada, physicians are governed by the CMA Code of Ethics and Professionalism (the “Code”). First established in 1868, the Code articulates the ethical and professional responsibilities of the medical profession. It is founded on and affirms the core values, commitments and principles that physicians must uphold as members of their profession.
Read the CMA news release
The CMA’s review application addresses the moral distress of physicians who are being barred from delivering the evidence-based care that they are called to provide under both their code of ethics and the standard of care. That distress is real. I hear it every day in many places. We are truly grateful to the CMA Board of Directors for identifying the danger here and taking this step to protect all of us and the millions of Canadian patients we serve.
Three Alberta physicians have added their names to the application, and we thank them for their bravery and commitment. They are Dr. Jillian Demontigny, Dr. Jake Donaldson and Dr. Joseph Raiche.
We did not bring this legal action, but we support it in the strongest terms. Thank you, again, to the CMA.
Sincerely,
Shelley Duggan, MD, FRCPC
President, Alberta Medical Association
When regulatory bodies are captured by activist groups (WPATH and CPATH) pushing pseudoscience based on activism not credible research it is the responsibility of medical associations and regulatory bodies to protect the public. Failing this as you have, Ignoring multiple independent systematic evidence reviews, you have become complicit in medical malpractice and it falls to governments to pass legislation to prevent the medical profession from causing irreversible harm to vulnerable children. Most European countries have taken major steps to stop these practices for lack of credible evidence supporting them - and instead of looking independently and objectively at the evidence you have allowed yourselves to become an activist organization yourself. FIRST DO NO HARM
Wholeheartedly agree!
“ The CMA’s review application addresses the moral distress of physicians who are being barred from delivering the evidence-based care that they are called to provide under both their code of ethics and the standard of care.” It sounds like this challenge is to alleviate the distress of physicians and has nothing to do with this is so-called ‘standard of care’ - these children need protecting, not physicians!