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Alberta introduces bills affecting transgender people, pronouns at school

Oct 31, 2024 | 3:57 PM

EDMONTON — Alberta has introduced a trio of bills focusing on transgender people and students using preferred pronouns.

Premier Danielle Smith’s government proposed Thursday one bill that would require children under 16 to have parental consent if they want to change their names or pronouns at school.

A similar law is on the books in Saskatchewan, where the government invoked the notwithstanding clause, a measure that allows governments to override certain Charter rights for up to five years.

Smith told reporters she believes the Charter allows for limits on rights and her government’s restrictions are reasonable.

“We have all kinds of restrictions on the ability of minors to make decisions. And we do that because we want to make sure that they are at full capacity to be able to make decisions that are going to be consequential to them,” she said.

The bill would also require parents to opt-in for their children to be taught about sexual orientation and sexual and gender identity at school.

Smith said parents need to know what’s going on with their children.

“The Charter allows for limits on rights that are reasonable in a free and democratic society. We think what we’re putting forward is reasonable,” the premier said.

When asked how the rules would be enforced in schools, Smith said the Alberta Teaching Profession Commission has the ability to sanction teachers.

“If it does come down to it that the teachers are defying this direction, then there will be a disciplinary process available,” she said.

The requirements would not apply in First Nations schools, but two-spirit Indigenous students in provincially run schools would be subject to them.

The second bill would prohibit doctors from treating those under 16 seeking transgender treatments, such as puberty blockers and hormone therapy.

The ban wouldn’t apply retroactively to those who have already received medical approval or who have begun treatments.

Currently, national policy restricts bottom surgery across Canada to those 18 and over, and such procedures don’t take place in Alberta.

The bill would also ban regulated health professionals from performing any gender-affirming surgery, including top surgery, on minors.

Government officials said top surgery is very rare. Smith said the government doesn’t know how many minors are accessing puberty blockers or hormone therapy.

“We just want to make sure that it’s very clear that those are adult decisions to be made by adults,” she said.

The third bill would ban transgender athletes from competing in female amateur sports and require school and sports organizations to report eligibility complaints.

The government said it’s aiming to protect fairness and safety in sports.

The government did not provide details about how the ban would be policed. But Tourism and Sport Minister Joseph Schow said sex registration at birth would determine competitive eligibility. Such documentation is accessible through provincial authorities.

Smith said she wants to see sports leagues create mixed gender divisions to ensure all athletes can compete.

The proposed legislation comes days before members of Smith’s United Conservative Party are set to vote in her leadership review Saturday.

Speaking to reporters Thursday, NDP Leader Naheed Nenshi said Smith’s government is “picking on vulnerable people” to pander to her party’s base, and he urged her to stop.

Nenshi said he has heard from Albertans about what the government priorities should be, and legislation targeting transgender youth isn’t one of them.

“This callous, venal, evil act that they’re bringing forward today is just so she can get a few votes on a Saturday night in Red Deer,” he said.

This report by The Canadian Press was first published Oct. 31, 2024.

— With files from Aaron Sousa

Lisa Johnson, The Canadian Press