Alberta’s proposed transgender policies spark debate over youth health and rights
By Reyam Jamaleddine, October 28 2024—
On Jan. 31, 2024 Alberta Premier Danielle Smith uploaded a video to Youtube titled “Alberta Transgender Policy”. In this video a series of proposed legislations and policies are laid out with the aim of limiting the rights and healthcare options for transgender and non-binary youth. On the last Monday of this month the Alberta legislature will begin its fall sitting which will kick off the implementation of this legislation in Alberta.
Proposed legislation and impact on transgender youth
The chain of proposed legislation begins with prohibiting top and bottom gender reassignment surgeries for teens aged 17 and under, although there is already a federal law implemented for this. Following this, teens aged 15 and under can not access hormone therapy but those aged 16 and 17 can start hormone therapy with permission from their parents, a physician and psychologist. Teens 17 and under must have parents notified of pronoun or name changes other than what was assigned to them at birth, and teens 15 and under require permission from parents first. All school lessons regarding sex education, sexual orientation or gender identity must require parent’s permission to opt in. In addition to these youth-focused policies, the current government aims to prohibit transgender women from participating in women’s sports leagues.
“Prematurely encouraging or enabling children to alter their very biology or natural growth, no matter how well-intentioned and sincere, poses a risk to that child’s future that I, as Premier, am not comfortable with permitting in our province,” said Smith in the video.
“The risks and unfair advantages that young women and girls are experiencing when competing with biologically stronger transgender females in sporting competitions have also grown too high,” Smith added.
Responses from activists and experts
The proposition of these policies has ignited discomfort and concern across the nation, with many fearing a potential breach of the Charter of Rights and Freedoms. This legislation poses serious risks to the mental and physical well-being of transgender youth. In addition to the broader risks emphasized on transgender youth, the presence of these laws can create a heightened climate of caution and fear on university campuses across Alberta.
“These policies create a hostile environment in our broader community, stigmatizing gender-diverse individuals and restricting access to essential gender-affirming care. The proposed legislation minimizes efforts to create a more inclusive and understanding society and threatens progress toward acceptance and inclusion. As a campus that values diversity, these policies oppose our commitment to ensuring a safe and welcoming environment for all students. We urge the Alberta government to withdraw these harmful measures and engage in meaningful dialogue with 2SLGBTQQIA+ communities to protect their rights and dignity,” said the Amnesty International club at the U of C in a statement to the Gauntlet.
Transgender youth and young adults have triple the risk than their cisgender counterparts for having depression and anxiety as well as triple the risk of suicide attempts and four times the risk of self-harm.
A statement released by the Gender and Sexuality Studies Program at the University of Calgary in February of 2024 states, “We know that trans young people experience disproportionate mental health challenges and increased risk of family-based abuse, as well as homelessness. They experience these things because of transphobia, which exists in all social institutions, and in some families. The proposed policy changes will strengthen transphobia, and place trans youth in an even more vulnerable state.”
The imminent risk of potentially rising numbers for vulnerable transgender and non-binary youth is a concern amongst gender and sexuality groups across the province. In a previous interview with the Gauntlet, Jaymie Brennan, a coordinator at the Q Centre at the U of C provided their concerns and insights about these proposed policies. They explain the perplexity of limiting hormonal therapy for transgender youth.
“If you can’t access puberty blockers until after you’ve gone through puberty, they become pointless,” said Brennan.
In addition to limiting physical health care, teens 17 and under must have parents notified of pronoun or name change other than what was assigned to them at birth, and teens 15 and under require permission from parents first. The provinces of Newbrunswick and Saskatchewan have set this precedent.
“It could create a larger homeless trans youth population and cause greater internalized shame. In its essence, this policy is about outing students who may not be ready to share their identities, even if they come from supportive families. It violates their privacy and their right to do things on their own terms,” said Brennan.
Legislative implications and future concerns
Shortly after these laws were proposed, staff from the University of Alberta and University of Calgary released an open letter stating that they considered these laws to be unconstitutional as well as baseless in terms of science and human rights.
The premier’s office responded to this letter by stating that, “Alberta’s government has put these policies forward and will develop legislation with the best interests of the child in mind … There’s a legal court process that designates certain individuals as mature minors in very limited circumstances, these policies will not change that process,” Smith’s press secretary Sam Blackett wrote in response.
Although the Alberta government claims to have the child’s best interest in mind, there is evidence that shows that hormonal therapy for youth ages 14 and 15 as well as gender- affirming care in general to be life-saving.
“The proposed legislation, like many laws from the UCP, is divorced from reality and has no follow-through on how these measures will be practically implemented. Despite claims of consultation, these measures show a lack of basic understanding of the realities of transgender youth in school, medical, and sports settings. Whether covertly or overtly intended, these measures deny agency, bodily autonomy, and respect for young people. The UCP claimed to care about trans children and youth’s wellbeing, yet their action, when taken under critical examination, speaks of starkly oppositional values,” said the Trans* Community Coalition (TCC) at the U of C said in a statement to the Gauntlet.
This fall, the province of Saskatchewan implemented pronoun laws restricting youth 16 and under from changing their pronouns without parental permission utilizing the notwithstanding clause. This provision allows governments to override certain sections of the Charter of Rights and Freedoms for up to five years with no court intervention. As the current fall sitting is taking off there are concerns for whether or not the Alberta government will follow this precedent and use this provision to implement these anti-trans laws.
To watch and follow the Legislature’s fall sitting visit the website for the Legislative Assembly here. To learn more about transgender rights on campus visit the Q Centre on campus or their Instagram page here.