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Alberta premier says legislation on gender policies for children, youth coming this fall

Alberta Premier Danielle Smith says legislation will come this fall to codify her planned policy changes affecting transgender and non-binary youth and adults.

'We're putting this forward with the best interests of the child in mind,' Danielle Smith says

A woman stands behind a podium.

Alberta Premier Danielle Smith says her government will introduce legislation this fall to support her planned policy changes affecting transgender and non-binary youth and adults.

At a news conference Thursday, Smith defended her rationale for planning to restrict health-care options for youth and inform parents of any name and gender identity changes students request at school.

"I am confident that Albertans do not want children to make irreversible decisions that impact their reproductive health," Smith said.

"I am confident that they don't think those are child decisions to make; that those are adult decisions to make."

Asked if she would resort to using the notwithstanding clause, as Saskatchewan's government has done, to circumvent parts of the Charter of Rights and Freedoms, Smith said she hopes it doesn't come to that.

"We're putting this forward with the best interests of the child in mind," Smith said.

Some medical and legal experts have disputed Smith's assertion as they respond to the announced plans.

In a seven-minute video posted to social media Wednesday afternoon, Smith announced that her United Conservative Party government will implement a slate of new policies and guidelines relating to transgender young people and other children and youth.

Among the measures:

  • Top and bottom gender-affirming surgeries will be banned for minors aged 17 and under. Doctors say this is already a rare occurrence.
  • Puberty blockers and hormone therapies for gender reassignment or affirmation will not be permitted for children aged 15 and under.
  • Youth aged 16 and 17 will be permitted to start hormone therapies for gender reassignment and affirmation "as long as they are deemed mature enough" and have parental, physician and psychologist approval.
  • Parental notification and consent will be required for a school to alter the name or pronouns of any child under age 15. Students who are 16 or 17 won't need permission but schools will need to let their parents know first.
  • Parents will have to "opt-in" their children every time a teacher plans to teach about gender identity, sexual orientation or sexuality. Alberta law currently requires parental notification and gives them the option to opt students out.
  • All third-party teaching materials on gender identity, sexual orientation or sexuality will need to be approved in advance by the education ministry.
  • Transgender women will be banned from competing in women's sports leagues. Smith said the government will work with leagues to set up coed or gender-neutral divisions for sports.

At Thursday's news conference, Smith said the science around the safety of puberty blockers and hormone therapy in children is not settled and that other jurisdictions are moving away from recommending their use.

The premier's video on Wednesday drew immediate condemnation from advocates for transgender youth and the wider LGBTQ community, but the head of a parents'-rights group called Parents for Choice in Education called it "reasonable."

Jason Schilling, president of the Alberta Teacher's Association, said teachers are primarily concerned about the safety of their most vulnerable students.

"We are concerned about the chilling effect placed on classrooms and schools, impacting our ability to provide safe, caring and inclusive spaces for all students," Schilling said Wednesday.

"We are concerned about how students may feel forced to suppress their identities and to be afraid of reaching out to teachers as an avenue for support."

Rachel Notley, leader of Alberta's Opposition NDP, spoke to reporters about Smith's policy announcement earlier in the day from Ottawa.

Notley said Smith is taking choices away from gender-diverse youth and their families, and interfering with medical judgments best made by patients and health-care workers.

"The decisions being 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 UCP," she said.

WATCH | Smith announces measures to limit gender-affirming care to transgender youth:

Alberta to put limits on gender-affirming care for trans youth

21 hours ago

Duration 2:07

Alberta Premier Danielle Smith announced policy changes that would put minimum legal age limits on surgeries and hormone therapies for transgender youth. It will also require parental notification — and permission, depending on the student's age — if a student wants to change their name or pronoun at school.

ABOUT THE AUTHOR

Janet French

Provincial affairs reporter

Janet French covers the Alberta Legislature for CBC Edmonton. She previously spent 15 years working at newspapers, including the Edmonton Journal and Saskatoon StarPhoenix. You can reach her at janet.french@cbc.ca.

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