NOTE: This article aims to summarize information about the bills proposed by the Alberta Provincial Government on October 31, 2024. This article does not constitute legal advice or opinion.
Introduction
On October 31, the Alberta Provincial Government (the “Province”) announced a trio of bills that would affect trans youth, if passed into law. The three bills are the Education Amendment Act, 2024, the Fairness and Safety in Sport Act, and the Health Statutes Amendment Act, 2024. Brief summaries of the effects of these proposed bills are provided below.
The bills are still in draft and not yet law. Notably, the bills do not currently include the notwithstanding clause, which would enable the Province to override certain Charter rights. The notwithstanding clause may be added to the any or all of the bills as they pass through the legislative process.
2SLGBTQ+ organizations have condemned the bills as discriminatory. Both Egale Canada and the Skipping Stone Foundation have advised they will be taking legal action.
The Education Amendment Act, 2024
The Education Amendment Act, 2024, would affect the rights of youth at school.
According to the Province, the proposed amendments would require schools to i) notify and seek parental consent to a call a student by their preferred name or pronouns, if that student is 15 years old or younger; ii) notify parents if a 16- or 17-year old student requests that school staff refer to them using their preferred name or pronouns; and iii) notify parents at least 30 days prior to teaching or providing instructional materials that deal primarily or explicitly with gender identity, sexual identity, or human sexuality.[1]
Additionally, under the amendments, schools’ ability to choose what to teach students would be impacted as i) parents would need to opt in or out of their child receiving teaching or instructional materials that deal primarily or explicitly with gender identity, sexual identity, or human sexuality, and ii) the Ministry of Education would be empowered to approve learning and teaching resources, including external presenters for topics that deal primarily and explicitly with gender identity, sexual identity, or human sexuality.[2]
The Fairness and Safety in Sport Act
The Fairness and Safety in Sport Act would affect the rights of athletes.
According to the Province, the proposed act would require provincial sport organizations that organize and oversee amateur competitive sports to establish eligibility policies for amateur competitive sports. These policies would impose specific requirements to these eligibility policies, including limiting the eligibility to compete in the women’s divisions.[3]
The Province has advised it intends to develop detailed regulations for these organizations.[4]
The Health Statutes Amendment Act, 2024
The Health Statutes Amendment Act, 2024, would affect the rights of trans minors seeking healthcare.
According to the Province, under the proposed amendments, regulated health professionals would be prohibited from i) prescribing puberty blockers or hormone therapies for trans children aged 15 and under, unless they have already started treatment; ii) prescribing puberty blockers or hormone therapies for trans children aged 16 and 17 without parental, physician, and psychologist approval; and iii) performing surgery on trans minors.[5] The Province advised that it will rely on self-governing regulatory colleges to enforce these prohibitions through professional conduct disciplinary processes.
What Happens Next
These bills were announced on October 31, 2024. Bills in the Alberta legislature typically follow a prescribed process, consisting of the First Reading, Second Reading, Committee of the Whole, Third Reading, and Royal Asset.[6]
A bill is introduced at the First Reading once the motion for leave to introduce a bill is granted.[7] At the Second Reading, the purpose and principles of the bill will be discussed. The bill’s sponsor will typically give a statement about the intent of the bill, and then the debate will commence.[8] At the Committee of the Whole, the bill will be considered on a clause-by-clause basis.[9] At the Third Reading, the final consideration and debate of the bill will occur.[10] If the bill passes through the Third Reading, the Lieutenant Governor provides the Royal Assent and the bill becomes law.[11]
The three bills proposed by the Province have not passed through this process and are not currently law. The bills remain in draft form and are likely to undergo revisions as they pass through the legislative process. Revisions may include invoking the notwithstanding clause, which, if added to any or all of the bills, would allow the Province to override fundamental freedoms, legal rights and equality rights as guaranteed by the Canadian Charter of Rights and Freedoms.
The bills are expected to face challenges. On October 31, 2024, Egale Canada and the Skipping Stone Foundation jointly condemned the bills as discriminatory towards 2SLGBTQ+ young people. In their statement, Egale Canada and Skipping Stone Foundation emphasized the right of every person to feel safe and feel free to be their authentic self. The two organizations noted that the bills are against the advice of the Alberta Medical Association, the Canadian Pediatric Society, and the Alberta Teachers’ Association.[12]
Both Egale Canada, a 2SLGTBQ+ rights organization,[13] and Skipping Stone Foundation, a trans rights organization,[14] have advised that they will be taking legal action against the bills.[15]
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.