Alberta legislation on transgender youth, student pronouns and sex education set to become law

After a trio of bills affecting transgender people in Alberta passed the final stage of debate in the legislature, a pair of 2SLGBTQ+ advocacy groups have said they’re moving ahead with legal action in response, calling the legislation discriminatory.

The Education Amendment Act, 2024, the Health Statutes Amendment Act and the Fairness and Safety in Sport Act,  first announced by Premier Danielle Smith in a provincewide video address in January, are set to become law.

National advocacy group Egale Canada and the Alberta-based Skipping Stone Foundation confirmed Wednesday their intent to pursue legal action in response, arguing the legislation violates the constitutional rights of young 2SLGBTQ+ people.

The changes include requiring children under 16 to have parental consent if they want to change their names or pronouns at school. Students who are 16 or 17 won’t need permission, but schools will need to let their parents know first.

Students would not be able to learn about sex education, gender identity and sexual orientation in school unless their parents have opted in to them receiving that instruction. Any third-party instructional material would need approval from Alberta Education before it is used in the classroom.

If passed, the legislation would also prohibit doctors from treating those under 16 seeking gender-affirming treatment through puberty blockers or hormone therapy.

Physicians would be prohibited from performing top and bottom gender surgeries on minors. Bottom surgery is already restricted to patients over the age of 18. All surgeries are currently performed in Quebec. 

WATCH | Schools would have to inform parents when kids ask to change pronouns:

The Alberta government has tabled a series of bills that would bring big changes to the health-care system, as well as limit who can get some gender-affirming treatments, and make parents opt in for sex education in schools.

A third bill, the Fairness and Safety in Sport Act, would limit membership on female competitive sports teams to athletes who were female at birth.

The bill will ban transgender athletes from competing in female amateur sports and require school and organizations to report eligibility complaints. Smith has said the government will work with leagues to set up coed or gender-neutral divisions for sports.

According to the province, the Fairness and Safety in Sport Act is anticipated to take effect fall 2025, while the amendments to the Education Act will take effect on proclamation, which is anticipated in September 2025. The Health Statutes Amendment Act is expected to come into effect in the coming months.

Constitutionality of new policies questioned

Bennett Jensen, Egale Canada’s director of legal, said on Wednesday he’s deeply disappointed and concerned about the legislation’s consequences, and the harm it’s already caused for young people since being introduced.

The policies have already led to increased bullying, as well as more young people feeling anxious, depressed and scared, Jensen said. He added the policies have also communicated to young people that there’s something wrong with being transgender.

“It’s hard to properly describe what it feels like to be talking to kids across the province who tell you that they wouldn’t be here if they hadn’t had access to [puberty] blockers, or who tell you that they won’t be here [if they’re] denied access to medical care,” Jensen said.

“It’s hard to capture how high the stakes are in this moment. And I don’t think that we have a choice but to try to protect these kids as much as we can.”

Smith said the bills are necessary to protect children and female athletes. On Wednesday, Smith argued it isn’t rare to put limitations on the kinds of decisions children can make for themselves.

“We don’t allow them to smoke, we don’t allow them to do drugs, we don’t allow them to drive. So we think that making a permanent decision that will affect one’s fertility is an adult decision,” Smith said.

Smith added the government will be prepared to argue in court that parents have the ability to make decisions for themselves, until the kids are old enough to make those decisions themselves.

The Saskatchewan government used the notwithstanding clause to guard similar legislation. The clause allows a government to temporarily override certain sections of the Canadian Charter of Rights and Freedoms.

Smith said she doesn’t believe she’ll need to invoke the notwithstanding clause to shield the policies from legal action, and that the legislation will be seen as reasonable and evidence-based. But she declined to say if she would use the clause to keep the laws on the books if the court challenges are successful.

Jojo Ruba, an organizer for Parents and Kids Together, said he’s thrilled about the legislation. He added that challenges to the bill will allow for further conversations on the topic.

“We need to be able to love and show compassion to [transgender kids]. But showing love and compassion doesn’t mean we have to agree with everything they decide as what’s good for them. And we believe it’s parents who know best for these kids,” Ruba said.