Two advocacy groups fighting the Alberta government on transgender laws say they are switching tactics to continue their battle in court.

The renewed challenge from the groups Egale and Skipping Stone comes one day after Premier Danielle Smith’s government used the Charter’s notwithstanding clause.

The clause allows governments to override Charter rights and prevents courts from striking laws down.

One of the transgender laws prohibits doctors from prescribing puberty blockers and hormones to those under the age of 16 and from performing gender-affirming top surgeries on those under 18.

The advocacy groups say if the law can’t be challenged on the Charter, they will argue it’s a criminal law issue, given doctors who don’t comply with it could face fines or even imprisonment.
They say only the federal government has the authority to make criminal law, so Alberta’s law should be ruled unconstitutional.