Alberta Tables Legislation to Ban Medical Transition of Minors, Create Policies for Transgender Athletes

Alberta Premier Danielle Smith speaks in Edmonton on April 10, 2024. The Canadian Press/Jason Franson

Alberta Premier Danielle Smith’s government is moving forward with legislation to prohibit sex change surgery for minors, require parental consent for students to change pronouns or names at schools, and establish women-only sports divisions.

Smith said on Oct. 31 that the pieces of legislation on these three items have been “developed, drafted, and tabled with the express purpose of striking the right balance for the health, safety and well-being of all children and youth in our province.”

She said the polices are intended “to help preserve the choices children have before they make serious decisions about their bodies or the ability to have children of their own one day or undergo potentially permanent procedures where the benefits and risks are not yet fully understood,” Smith added.

The first piece of legislation will change the provincial health act to ban sex reassignment surgery on minors and prohibit the use of puberty blockers and hormone therapies for gender dysphoria for those aged 15 and under.

Those who are already on the medications and minors aged 16 and 17 will be able to use them with the approval of parents, physicians, and psychologists, Smith said.

The opposition NDP criticized the proposed pieces of legislation, with leader Naheed Nenshi calling them “anti-trans.”

“We knew today’s bills would be about punching down on vulnerable youth,” Nenshi said.

“As an uncle, and as a teacher, I know today is a rough day for young people.”

Amendments to Education Act

The second piece of legislation Smith’s government tabled will update the Education Act.

“The amendments we’re proposing would bring more transparency, clarity, and consistency to Alberta’s classrooms, while also respecting parents’ indisputable role as caregivers,” Smith said during the conference.

If the legislation passes, it will require schools to seek parental consent for students aged 15 and under who want to change their name or pronouns. Students aged 16 and older do not need parental permission, Smith said, but the school will need to inform the parents.

“Additionally, parents would have to be notified each time subject matter in the classroom deals primarily and explicitly with gender identity, sexual orientation, or human sexuality,” Smith said. Parents will need to opt children into these lessons rather than opt them out, as is done currently.

All resources and third-party presenters dealing with gender and sexuality will need to be reviewed and approved by the Ministry of Education.

“The simple fact is that we have heard concerns about content, and we have seen some materials that have been shared at schools in Alberta or other jurisdictions that are not appropriate, we want to ensure the material that is being used to teach Alberta students is age-appropriate,” Smith said.

Fairness in Sports Act

The final piece of legislation, the Fairness and Safety in Sports Act, will require female-only sports divisions. Transgender athletes will be permitted to compete in co-ed divisions, Smith said.

“This legislation aligns with a report to the UN General Assembly from the United Nations Special Rapporteur on violence against women and girls, in which the Special Rapporteur calls for female categories in sport to be exclusively for biological female athletes, and for the creation of open categories in sport as part of a larger effort to maintain fairness while ensuring the ability of all to participate.”

During the conference, Smith was joined by Kellie-Lynn Pirie, head of DeTrans Alliance Canada, who described her gender transition at the age of 37.

“I realized that many of the feelings I had felt prior to and through my transition were not fully explored. I also realized the transitioning did not help me in any other ways I thought it might,” Pirie said. “I still felt uncomfortable in my body, while I had psychological support prior to my medical transition, they did not help me dig deeply into my distress, specifically how trauma impacted my level of distress about being a woman, and that is a decision that I will live with for the remainder of my life.” Smith was also joined at the conference by a parent and transwoman, Tiffany Gillis, who said that parental rights were vital, and supported changes proposed by Smith’s government.

“Parents have the primary responsibility for our children’s education and the education existing system exists to support us in that role, not the other way around,” Gillis said. “A parental right to be notified of and opt into any instruction around sensitive subjects such as human sexuality, sexual orientation, and gender identity is the only way we can fulfill that responsibility.”