In a move that has ignited widespread debate and concern, Alberta Premier Marlaina “Danielle” Smith announced a series of proposed policy changes on January 31 2024 targeting the treatment and recognition of transgender individuals, particularly minors, within the province.
The proposal includes restrictions on gender-affirming care for transgender minors, the implementation of parental consent for pronoun changes and preferred names in schools for trans students, and the introduction of female-only sports leagues excluding trans women and girls, as well as mandating parental consent for sexual education that includes topics on human sexuality, gender identity, or sexual orientation.
This announcement represents a significant shift in Alberta’s approach to issues of gender identity and inclusivity, prompting discussions on the legality, ethical implications, and potential consequences of such measures.
With these proposed changes, Premier Smith has positioned Alberta squarely at the forefront of the Conservative side of a national conversation about the balance between parental rights, individual autonomy, and the rights of transgender individuals, especially youth, in accessing care and recognition in public spaces like schools and sports – but only and explicitly if it is because they are transgender.
Let’s take a look at how Smith’s proposed changes impact the situation for Trans Albertans, how it is supported by standards and convention, and how Smith’s changes compare to existing policy in the neighbouring province of British Columbia where I live.
Gender-affirming Care for Transgender Minors
Alberta’s Proposed Policy: The Alberta government plans to restrict gender-affirming surgeries for minors and limit access to puberty blockers and hormone therapy for those under 16, with conditional access for older minors.
Change from Alberta’s Current Policy: This represents a significant shift towards more restrictive access to gender-affirming care for minors, moving away from the current practice that allows for more individualized healthcare decisions based on medical advice.
Support for Alberta’s Proposed Policy: While specific professional support for this restrictive approach is limited, proponents argue it’s a move to protect minors from making irreversible decisions at a young age. However, major health organizations typically advocate for informed access to gender-affirming care. This is a major departure from the mature minor doctrine which also protects the right of minors to consent to care and ignores medical standards and case law which already address this.
British Columbia’s Policy: BC offers accessible gender-affirming care, including hormone therapy and surgeries for transgender minors, guided by medical consensus and the individual needs of the patient, as facilitated by Trans Care BC.
Support for British Columbia’s Policy: The World Professional Association for Transgender Health (WPATH) supports the kind of accessible care BC provides, emphasizing the importance of gender-affirming treatments for the mental health and well-being of transgender individuals, particularly youth.
Parental Consent for Pronoun Changes in Schools
Alberta’s Proposed Policy: Alberta intends to require parental consent for students under 16 wishing to use their chosen pronouns in schools, with parents being notified for those aged 16 and 17.
Change from Alberta’s Current Policy: This introduces a new layer of parental oversight into areas of gender identity expression within schools, which previously may have been more directly managed between students and educators.
Support for Alberta’s Proposed Policy: The proposed policy might be supported by those advocating for increased parental involvement in educational settings, particularly around sensitive issues like gender identity. Those individuals are.unalignes with Canadian Law on the rights of children and Alberta’s obligations under the Charter of Rights and Freedoms.
British Columbia’s Policy: BC’s educational guidelines support students’ rights to be addressed by their chosen names and pronouns without mandatory parental consent, promoting an inclusive environment for all students.
Support for British Columbia’s Policy: The Canadian Teachers’ Federation (CTF) supports inclusive policies that respect students’ gender identity, aligning with BC’s approach. Such policies are seen as crucial for the safety and well-being of transgender students.
Sexual Education Consent Requirements
Alberta’s Proposed Policy: Alberta plans to require parental consent for sexual education lessons that include topics on human sexuality, gender identity, or sexual orientation.
Change from Alberta’s Current Policy: This marks a shift towards more controlled access to sexual education, requiring more explicit parental involvement in the curriculum.
Support for Alberta’s Proposed Policy: Supporters might argue this policy ensures parents have greater oversight and involvement in their children’s education on sensitive topics.
British Columbia’s Policy: BC incorporates education on sexual orientation and gender identity into its broader health and physical education programs, emphasizing inclusivity and respect for diversity.
Support for British Columbia’s Policy: The Sex Information and Education Council of Canada (SIECCAN) supports comprehensive sexual education that includes these topics, advocating for the benefits of inclusivity and informed understanding from an early age.
Female-only Sports Leagues
Alberta’s Proposed Policy: The proposal includes creating female-only sports leagues, potentially excluding transgender female athletes from competing in female categories.
Change from Alberta’s Current Policy: This would be a new development, introducing gender-based restrictions in sports participation for transgender athletes.
Support for Alberta’s Proposed Policy: This policy might be supported by those who argue for the preservation of competitive fairness and safety in women’s sports.
British Columbia’s Policy: BC encourages inclusivity in sports, with guidelines that support the participation of transgender athletes in sports categories that affirm their gender identity.
Support for British Columbia’s Policy: ViaSport BC and similar organizations advocate for inclusivity, aligning with the International Olympic Committee’s principles for the inclusion of transgender athletes, supporting the rights of all individuals to compete in sports activities that match their gender identity.
The proposed policy changes in Alberta regarding gender-affirming care for transgender minors, parental consent for pronoun changes in schools, sexual education consent requirements, and the creation of female-only sports leagues have sparked significant debate. These proposals, while aimed at increasing parental involvement and ensuring competitive fairness in sports, raise concerns about their legality and potential consequences.
Legally, the policies may face challenges under the Canadian Charter of Rights and Freedoms, particularly regarding the rights to equality (Section 15) and the right to life, liberty, and security of the person (Section 7). These sections protect individuals from discrimination based on gender identity or expression and ensure the right to make personal decisions that are fundamental to their autonomy and dignity. By restricting access to gender-affirming care and imposing conditions on how transgender youth are recognized in educational settings, Alberta’s proposed policies could be seen as infringing upon these protected rights.
Moreover, the requirement for parental consent for pronoun changes and sexual education lessons could lead to significant consequences for the well-being and safety of transgender youth. It risks alienating them from supportive environments in schools and may contribute to increased mental health issues among this vulnerable population. The emphasis on parental consent disregards the autonomy and lived experiences of transgender minors, potentially placing them in harm’s way if they are part of unsupportive or hostile family environments.
The creation of female-only sports leagues, while aimed at ensuring fairness in competition, raises concerns about exclusion and discrimination against transgender female athletes. This could contravene both national and international sports inclusion policies and undermine efforts to promote equality and diversity in athletic participation.
Fairness and Inclusion
While Alberta’s proposed policy changes are presented as measures to protect minors and ensure fairness, they may conflict with established legal protections and principles of equality and non-discrimination. The consequences of these policies, if implemented, could be far-reaching, affecting not only the rights and well-being of transgender youth but also the broader principles of inclusivity and acceptance in Canadian society. Legal challenges, public backlash, and potential harm to transgender individuals are significant considerations that must be weighed carefully against the intended goals of these policy changes.
Morgane Oger 
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