Alberta Premier Danielle Smith’s government passed three laws in late 2024 to restrict gender-affirming care, transgender athletes’ participation in sports and set rules around pronoun use in schools.
To avoid court scrutiny, the UCP used the notwithstanding clause of the Constitution. Section 33 of the Canadian Charter of Rights and Freedoms, the notwithstanding clause, allows legislators to override certain charter rights for five years.
But the charter also states that if the notwithstanding clause impacts an individual’s rights to vote, language or religion, the legislation will not have effect.
Local queer leaders say the use of the clause is an admission that the laws may be discriminatory.
Kameron Heughan, a leader at Skipping Stone Foundation, believes “as soon as you use the notwithstanding clause, you’re kind of agreeing that what you’re doing is wrong, but you’re going to do it anyway.”
The governing UCP, for its part, says the laws protect children, strengthen parental rights and ensure fairness in sports.
Health Statutes Amendment Act
The Health Statutes Amendment Act (Bill 26) passed third reading before receiving royal assent on Dec. 5, 2024.
The act’s policies include several provisions, including the Health Professions Act. Under the new law, health-care professionals are prohibited from performing sex-change surgeries or giving hormone therapy access to minors.
However, 16- and 17-year-olds may begin transition therapies with parental, physician, and psychologist approval, according to the act’s policies.
The legislation also allows individuals already undergoing transitional therapy to continue.
Kevin Allen, who works on the Calgary Gay History Project, provides historical insight, explaining that the first gender reassignment clinic was opened here in Calgary in the 1970s.
“People from across the country were flying here to address those medical services, and it lasted for about a half dozen years or so,” said Allen. “It’s ironic now that trans people have to go out of province to access some of these medical services.”
Education Amendment Act
The province’s Education Amendment Act (Bill 27) focuses on LGBTQ2S+ youth in schools, requiring educational authorities to notify parents when their child asks to be referred to by a new name or pronouns.
The act also states that staff cannot “use the new gender identity-related preferred name or pronouns until parental notification has occurred.”
However, the law requires school authorities to ensure the child has access to counselling or other assistance if notifying parents would cause emotional or psychological harm.
Heughan argues that simply using a child’s preferred name or pronoun can go a long way toward improving their confidence
“It just might have a little bit more power for the person and make them want to come to school and engage in these systems,” said Heughan.
Regarding learning about gender identity or sexual orientation, the act requires the minister of education to approve any guest speakers and teaching resources.
And parents must also be notified of the discussion topics relating to gender or sexual orientation and provided with the option to “opt their child in, rather than opt out,” according to the act.
Fairness and Safety Act
Alberta’s Fairness and Safety in Sport Act (Bill 29) requires female-only sports divisions to be open only to biologically female athletes.
The act supports the “creation of mixed-sex leagues, classes, or divisions, where numbers warrant.”
The act also states that if the athlete is under 18, a parent or guardian must confirm in writing that the registered youth is biologically female. Failure to confirm eligibility in writing with the applicable organization will render the athlete ineligible to participate.
To inform this law, the Alberta government gathered insights from parents, coaches, members of the transgender community, school authorities, and subject-matter experts.
However, Heughan says the trans community are simply looking for an activity and removing them from an area that already has difficulties in accessibility.
“So when we add additional barriers, we’re going to see additional outcomes that negatively harm those folks,” said Heughan.
Arguments against the act
The co-founder of Calgary Pride, Nancy Miller, argues that the bills hurt Alberta youth and that they need support.
“The way to help [trans youth] live and succeed is to love and support them,” said Miller. “Not just try and deny their existence and take away their rights.”
Allen says the marginalization of the community has been on an upward trend, but the anti-trans rhetoric individuals are hearing in both Canada and North America sounds very similar to that of the 1970s, which he referred to as a moral panic.
“It tends to always focus on saving children,” said Allen.
LGBTQ+ advocates vowed last year to legally challenge Alberta’s new laws affecting transgender youth.