Ms. Pedersen is also challenging the constitutional validity of a provision of the Alberta Human Rights Act;
WESTLOCK, AB: The Justice Centre for Constitutional Freedoms announces that witness testimony concluded on October 14, 2026, in the Alberta Human Rights Tribunal proceeding against Benita Pedersen arising from a flyer opposing a rainbow crosswalk. Lawyers funded by the Justice Centre are defending Ms. Pedersen, whose case will return for oral arguments on December 8 and 9, 2026.
What began as a local disagreement over a proposed rainbow crosswalk developed into a complex proceeding involving medical experts, women who regretted transitioning, trans-identifying witnesses defending freedom of expression, and testimony from the complainant, Laurie Hodge, who ran against Ms. Pedersen for municipal office after filing the complaint in 2023.
Ms. Pedersen testified that her flyer was intended to inspire political action and warn parents about potential physical risks to their children associated with gender transition.
Two trans-identifying witnesses called by the defence testified that they were not offended by the flyer and supported freedom of expression. Both knew Ms. Pedersen and said she had always treated them respectfully.
The Tribunal also heard from Faith Groleau and Kellie-Lynn Pirie, women who had taken testosterone and identified as men before returning to living as women.
Ms. Groleau testified that transitioning had not resolved her pre-existing mental health problems, which she linked to childhood sexual abuse. She said doctors had rushed her towards transition without adequately addressing those underlying problems and described adverse effects from taking and later stopping testosterone.
Ms. Pirie described childhood sexual abuse and alcohol abuse, her reasons for transitioning, and her subsequent regret. She testified that she believed living as a man would make her safer, that testosterone had caused her to develop diabetes, and that she experienced complications after stopping it.
Dr. Stephen Levine, an American psychiatrist who has treated patients with gender dysphoria since the 1970s, testified about research on mental health outcomes and the risks of medical transition. He urged extreme caution before prescribing cross-sex hormones to adolescents, citing long-term consequences, including infertility, and concerns about their ability to understand those risks and make decisions about future parenthood.
The final witness for the defence was Dr. Roy Eappen, who testified on October 14. An endocrinologist and professor at McGill University, Dr. Eappen has treated transgender patients, prescribed cross-sex hormones, and referred patients for transition-related surgeries.
Dr. Eappen testified about potential infertility and cardiovascular risks associated with cross-sex hormones, as well as the prospect of lifelong hormone treatment. He said he did not recommend medical transition for children or adolescents because he did not believe they were mature enough to provide informed consent to its long-term risks and consequences.
Constitutional lawyer Allison Pejovic, whose work on this case is funded by the Justice Centre, said, “This case illustrates how people respond differently to controversial subjects, even within identifiable minority groups. There are a variety of opinions, feelings, and lived experiences, and we shouldn’t prevent the public from hearing all views, so long as they don’t incite hatred, which this flyer did not.”
Witnesses on the complainant’s and Commission Director’s side included Dr. Elizabeth Saewyc, a nurse and researcher who testified about surveys of transgender individuals and their reports of feeling discriminated against after hearing negative public messaging about them.
One witness called in support of the complaint acknowledged that bullying of the queer community at Westlock’s high school predated the flyer. Another witness who described being afraid to visit Westlock after its distribution acknowledged that her father lived there and repeatedly encouraged her to visit.
Sylvia Yoder, a witness on the complainant’s and Commission Director’s side, acknowledged yelling and using extreme profanity at Ms. Pedersen when Ms. Pedersen attempted to deliver the flyer to Ms. Yoder’s home.
Under cross-examination, the complainant, Ms. Hodge, acknowledged that she and Ms. Pedersen had contested the same municipal by-election after she filed the complaint. She also acknowledged that Ms. Pedersen was the only person against whom she had pursued a human rights complaint who was also a political opponent.
Ms. Pedersen is also challenging the constitutional validity of a provision of the Alberta Human Rights Act. Her lawyers argue that it exceeds Alberta’s legislative jurisdiction and intrudes on Parliament’s authority over criminal law, including legislation addressing hate speech.
The Office of the Attorney General of Alberta has indicated that it will intervene to defend the challenged provision.
Albertans are encouraged to sign and send a pre-written letter asking Premier Danielle Smith and Alberta’s Attorney General to repeal section 3 of the Alberta Human Rights Act, which allows human rights proceedings over expression such as Ms. Pedersen’s flyer.
For media inquiries, please contact media@jccf.ca.
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Founded in 2010 as a voice for freedom in Canada’s courtrooms, the Justice Centre for Constitutional Freedoms (JCCF’s) mission is to defend the constitutional freedoms of Canadians through litigation and education.
