(Canadian Press)

By Eli J. Ridder, Canadian Press

UPDATED

Alberta Premier Smith says new transgender youth policy arriving this fall, critics call it damaging

Feb 1, 2024 | 10:17 AM

Premier Danielle Smith defended sweeping transgender policy changes Thursday she said will support and protect Alberta children and youth, while critics called it politically-motivated government interference and damaging to those it impacts.

Smith, who also serves as Medicine Hat MLA, said gender policy changes she proposed Wednesday on X will arrive at the provincial legislature in the fall.

The premier also did not rule out using the Charter’s notwithstanding clause to preserve the policies.

Smith’s United Conservative government plan to impose new rules and restrictions on youth changing their names or pronouns at school and getting hormone therapy or gender reassignment surgery for certain age groups.

READ MORE: A list of Alberta’s new policies on gender and sexuality

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The province will also be clamping down on transgender female athletes competing against women and girls in sport, and mandating parental consent for all sex education instruction in schools.

“Gender identity can be a very emotional issue, especially in the context of children,” Smith said during a news conference Thursday afternoon.

“As we move forward developing and implementing these policies into law, I hope we can depoliticize the issue as much as possible and focus on the well-being of the children involved.”

Smith said she wants to stop youth from making life-altering biological decisions before they are mature enough to do so.

The premier insisted her government is looking out for transgender individuals.

“To every Albertan who identifies as transgender, I care deeply about your happiness and your well-being,” she said.

“I support you in becoming the person that you want to be or who you already are and as premier of this province, I will ensure your rights are always protected.”

Alberta will become the third province to announce a parental consent requirement in schools.

Saskatchewan and New Brunswick brought in similar rules last year requiring the consent for students 16 and under to change their names or pronouns. Protests and court challenges followed.

Saskatchewan also invoked the rarely used notwithstanding clause to override certain Charter rights in putting the policy into legislation.

Critics including LGBTQ advocates, worker organizations, the federal government and Alberta’s Opposition New Democrats maintain the changes are cruel and will further stigmatize and alienate transgender youth already facing abuse and high rates of suicide.

‘Government interference’

New Democrat leader Rachel Notley blasted Alberta Premier Danielle Smith’s new rules for transgender youth Thursday, calling it government overreach and saying it would be damaging to people the policies include.

“The decisions made by Danielle Smith and her government are designed to further divide those who have been subjected to misinformation and conspiracy theories generated by a wing of the United Conservative Party,” Notley said in a news conference.

“When it comes to gender-affirming health care, Smith’s new policy represents government interference in what should be a collaborative and a private decision between parents, their child and their doctor,” she said from Ottawa.

Notley wanted children who feel targeted by the Alberta government to know she cares about them.

“You are loved, you are welcomed, you are respected,” the Official Opposition leader said.

“There are many, many Albertans who stand shoulder-to-shoulder with you today.”

Notley expects the policies to end up in court, saying they may violate the Charter of Rights and Freedoms and the Canada Health Act.

Students 15 and under require parental consent for name, pronoun changes

Smith said Wednesday the government will require parental consent for students 15 and under who want to change their names or pronouns at school.

Students 16 and 17 would not need consent, but their parents must be notified, she added in a video posted to the X platform announcing the changes.

In the video, Smith announced the transgender policies and guidelines ranging from restrictions on hormone therapy and surgery to participation in sport.

Smith said while her government wants transgender people to know they are supported, she can’t continue allowing youth to make life-altering changes until they are mature enough.

“It’s to those children and teens that I want to say just how much we love you and support you in becoming the person you want to be,” Smith said in the seven-minute video.

“One of the greatest responsibilities we as parents, teachers and community leaders have is to preserve for our children the right to grow and develop into mature adults, so that they are better prepared to make the most impactful decisions affecting their lives.”

Smith announced gender reassignment surgery is to be banned for those 17 and under.

For those 15 and under, puberty blockers and hormone therapies for the purpose of gender reassignment or affirmation would also not be allowed, except for those who have already begun the process.

Youth who are 16 and 17 can begin hormone therapies if they are deemed mature enough and have parent, physician and psychologist approval.

In the classroom, parents would have to be notified and give consent for their child to be taught about gender identity, human sexuality and sexual orientation.

All third-party resource materials used to teach these subjects from kindergarten through Grade 12 must be approved in advance by the education ministry.

Smith said the province would also work with sport organizations to ensure women and girls do not have to compete against transgender female athletes.

Transgender athletes, she said, would have a chance to compete through expanded coed leagues or other gender-neutral divisions.

“I strongly believe that those who were born male but have transitioned to or identify as female are owed the opportunity to meaningfully participate in sport,” said Smith.

“However, there are obvious biological realities that give transgender female athletes a massive competitive advantage over women and girls.

“It is not beneficial for those women, including those who are transgender, for this divisive and sometimes dangerous situation to continue.”

Kristopher Wells, the Canada Research Chair for the Public Understanding of Sexual and Gender Minority Youth, sharply criticized Smith’s changes.

“It is a full-on attack against trans and 2SLGBTQ+ communities,” Wells, who is with MacEwan University in Edmonton, posted on X.

“There is no evidence or research to support any of these recommendations.

“It is not only immoral, it is illegal.”

ATA concerned for student safety

Jason Schilling, president of the Alberta Teachers’ Association, said his organization is concerned for student safety and wellness.

“I am worried about how today’s announcement will impact the safety of some of our most vulnerable students,” Schilling said in a statement Wednesday.

“We want all students to know, and especially those students who identify or have family members that identify as gender or relationship diverse, that teachers support you and care for you.”

Schilling said ATA respects the “complementary roles of parents and teachers in the lives of students”, but said the new policy could “impact the culture and operation of schools.”

A list of Alberta’s new policies on gender and sexuality

— For minors 17 and under, top and bottom gender reassignment surgeries are not permitted.

— For children 15 and under, puberty blockers and hormone therapy for the purpose of gender reassignment or affirmation is not permitted, except for those who have already started those treatments. Those 16 and 17 can begin hormone treatment as long as they’re deemed mature enough and have parental, physician and psychologist approval.

— Province will work to attract one or more medical professionals who specialize in transgender surgery to ensure adults transitioning get the care they need. Build a private registry of medical professionals who work in this field.

— Classroom instruction on gender, sexuality and sexual orientation now requires parental notification and opt-in.

— Third-party resource materials on gender, sexuality and sexual orientation in K-12 schools need to be pre-approved by the ministry to make sure they’re age-appropriate.

— For children 15 and under, parental consent is needed to change names and pronouns at school. Notification is required for 16- and 17-year-olds to do so.

— Pilot project to provide counselling to support parents and youth identifying as transgender.

— Work with sporting groups to create a division for women and girls where they are not “forced to compete against biologically stronger transgender female athletes.”

— Ensure transgender athletes can “meaningfully participate in the sport of their choice” through the expansion of gender-neutral or coed divisions.