Opinion: Alberta’s anti-trans legislation concerns us all

Amalie Wilkinson (they/them) is a queer rights advocate, environmental activist and law student at UBC’s Peter A. Allard School of Law. They have a degree in international relations and peace, conflict and justice studies from the University of Toronto. Amalie has been an organizer with numerous social movements, including climate justice and queer liberation.

Editor's Note: November 20 is Transgender Day of Remembrance.

Late last month, the government of Alberta tabled three bills that attack the rights of transgender children and youth. Amidst a wave of anti-trans political rhetoric, they represent the most far-reaching attacks on transgender medical care and self-determination in Canada to date.

These three bills should ring alarm bells across the country. If this legislation passes in Alberta, it will not only put young trans and queer Albertans at risk; it will harm marginalized young people nationwide. We at UBC have a responsibility to pay attention.

What is the legislation?

Bills 26, 27 and 29 attack the rights of trans and queer youth to healthcare, education, and sports.

Bill 26, the Health Statutes Amendment Act, restricts access to life-saving medical care, such as gender-affirming surgeries and hormone therapy. It would ban hormone therapy, including puberty suppression, for minors unless the Minister responsible for implementing the law issues an order permitting otherwise.

Puberty blockers allow young people to temporarily prevent the onset of puberty and the development of secondary sex characteristics. They are largely reversible medications with few side-effects, and are documented to decrease suicidality among transgender youth. But Bill 26 would force transgender youth in Alberta to undergo puberty into a body deeply misaligned with their gender.

Bill 27, the Education Amendment Act, would require parental consent for all sexual education in schools. It would also require parental consent for students under 15 to change their name or pronouns in schools. For students aged 16 or 17, parental consent to change names or pronouns would not be required, but parents would still be notified — forcibly outing transgender and genderqueer youth to their parents.

Bill 29, the Fairness and Safety in Sports Act, targets trans participation in sports. Announcing the policy, Alberta Premier Danielle Smith outlined that legislation would prevent transgender women and girls from competing in sports alongside cisgender women and girls.

The broader rise of transphobia

These policies were not written in a vacuum. Transphobia has been on the rise across Canada.  

In 2023, both Saskatchewan and New Brunswick passed legislation requiring parental consent for students to change their names or pronouns in school. The same year, hate crimes against 2SLGBTQIA+ people rose, continuing an upward trend. One Global News article documented “a notable rise in hate crimes, threats and protests against drag queens and transgender people in particular.” 

Why are these policies so harmful?

First off, they threaten rights enshrined by the Canadian Constitution. When Alberta’s policies were announced, dozens of faculty members and staff at the University of Calgary and University of Alberta faculties of law wrote a letter to Smith opposing the proposals. The signatories alleged the policies violate children and youth's rights under the Canadian Charter of Rights and Freedoms, including the rights of mature minors to make medical decisions.

The policies are likely to increase violence against trans and genderqueer youth. Research by the Trevor Project, a leading organization for mental health among 2SLGBTQIA+ youth in the United States, shows that trans and nonbinary youth report a range of harmful experiences as a result of increases in anti-transgender policies and political debates. These include bullying at school, online harassment, physical assaults and more. What’s more, when young people are forced to come out to their parents in order to have their names and pronouns respected at school it increases the risk that they will face rejection from family members, potentially leading to housing insecurity and homelessness, as outlined in a Conversation article by Mount Royal University Professors Corinne Mason and Leah Hamilton.

Put simply, the bills have deadly ramifications. 2SLGBTQIA+ young people are already at a disproportionate risk of suicide, per findings from a study in the Canadian Medical Association Journal. According to a recent study in Nature, anti-transgender laws in the United States between 2018 – 2022 were associated with an increase in suicide attempts of up to 72 per cent among transgender and non-binary young people.

Civil society organizations including the Alberta Medical Association, Canadian Paediatric Society, Alberta Teachers' Association and Canadian Civil Liberties Association have spoken out firmly against the bills.

Why does this matter in BC?

Anti-trans rhetoric is becoming mainstream across the country. For example, federal Conservative Party leader Pierre Poilievre has repeatedly espoused support for transphobic policies. In BC’s recent election, the BC Conservative Party promoted false, transphobic claims that gender-affirming surgeries are straining healthcare resources. The same party also promised to end SOGI 123, a framework helping teachers address bullying and discrimination against 2SLGBTQIA+ students. This campaign against SOGI 123 stands in conflict with existing research, including a recent study by UBC researchers, which showed that the program contributed to a decrease in bullying and discrimination among all students.

When governments infringe on the fundamental rights of one marginalized group, this leaves the door open to attacks on many others. As 2SLGBTQIA+ advocacy organization Egale said, “All youth deserve the opportunity to grow up in a society where they are accepted for who they are. But when governments bully vulnerable people and particularly vulnerable young people, it gives permission to others in society to do the same.”

Act Now

Before becoming law, Bills 26, 27 and 29 will need to go through a legislative committee, pass a second and third reading and receive royal assent. There is still time to prevent their passage.

Since the bills were tabled on October 31, Albertans have condemned the legislation, taken to the streets and launched open letters — all seeking to prevent the bills from becoming a reality.

BC residents must stand with trans and queer youth in Alberta. We can raise awareness, organize and attend protests, share statements condemning the legislation and offer support to Alberta’s 2SLGBTQIA+ organizations. Even standing up in a small way, by sharing this information with friends and starting wider discussions, can go a long way to push back against anti-trans violence and show young Albertans that they are not alone in this fight.

The proposed legislation is transphobic and violent. If there was ever a time to stand up for the rights of 2SLGBTQIA+ people in Alberta and Canada, that time is now.

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