Four good bills introduced in Alberta

The Alberta government has tabled four bills worth celebrating. Bill 24 strengthens Alberta’s Bill of Rights. Bill 26 protects children from harmful “gender affirming” pharmaceutical and surgical intervention. Bill 27 prevents schools from secretly socially transitioning children at school and provides greater parental control and oversight over their children’s education on topics related to human sexuality. Finally, Bill 29 protects female-only sports for students.

Here are the details of each bill.

Bill 24: Alberta Bill of Rights Amendment Act

Alberta enacted its current Bill of Rights in 1972, closely following the Canadian Bill of Rights from 1960. While not a constitutional document, Alberta’s Bill of Rights is important as it highlights important civil rights (including freedom of speech, religion, assembly, association, the press, and property rights) and requires government agencies to respect those rights. The Bill of Rights takes precedence over any other statute in Alberta, unless another statute expressly says otherwise.

Alberta’s Bill 24 would do the following:

• Add to the preamble of the Bill of Rights an acknowledgement of “the position of the family in a society of free people and free institutions.” This amendment is in line with the other pro-family legislative changes in Bill 26, 27, and 29 (below).
• Add to the preamble an acknowledgment that the rule of law is foundational to Alberta as a free and democratic society.
• Add to the preamble a recognition that fundamental freedoms are foundational to Albertan society, “including during times of emergency.”
• Clarify legal protections for Albertans’ property rights by adding that the government may not take a person’s property “except to the extent authorized by law and where just compensation is provided.”
• Add a “right to acquire, keep and use firearms in accordance with the law.”
• Add explicit protections against being compelled to receive any medical treatment without consent, including vaccines.
• Strengthen the legal supremacy of the Bill of Rights.

Bill 26: Health Statutes Amendment Act

Alberta’s Bill 26 would prohibit health-care professionals from prescribing puberty blockers and hormones to treat gender dysphoria for children aged 15 or under. The bill would allow minors aged 16 and 17 who are already receiving these drugs to continue, and allow other 16 or 17-year-olds to receive such drugs if they have approval from a parent, physician, and psychologist. There are no restrictions for those aged 18+.

Bill 26 would also prohibit health-care professionals from performing surgeries for the purpose of “gender affirmation” on minors 17 and under. The bill lists 10 surgeries that would be prohibited:

• mastectomy (breast removal) and chest masculinization
• breast implants / augmentation
• hysterectomy (removing uterus)
• metoidioplasty (surgically constructing a simulacrum of a penis from the clitoris after it has been enlarged by testosterone injections)
• oophorectomy (removing ovaries)
• orchiectomy (removing testicles)
• penectomy (removing penis)
• phalloplasty (surgically constructing simulacrum of a penis, typically from flesh removed from the forearm)
• vaginectomy (removing all or part of vaginal canal)
• vaginoplasty (a surgically constructed canal or simulacrum of a vagina, which usually requires continual dilation post-surgery to prevent it from closing)

Regrettably, the bill uses the term “sex assigned at birth.” Although this is the terminology commonly used in our culture and government, it can and should be avoided, misleading as it is. Several states in the US have legislated on this subject without using this term, using instead “biological sex” or “genetic sex” or simply “sex”, which can be defined in law as being based on a person’s biological reproductive system at birth.

Bill 27: Education Amendment Act

Bill 27 would require Alberta’s teachers, principals, and school staff to get parental consent before agreeing to a student’s request to change their preferred name or pronouns. Parents of students aged 15 or under must be notified and their consent is needed before allowing the use of the new preferred name or pronouns. For students aged 16 and up, the school board will only have to notify parents, but not get parental permission.

The bill would also require a school board to get approval from the Minister of Education for any external presenters or resources related to gender identity, sexual orientation, or human sexuality.

Bill 27 would empower parents to choose whether or not to opt in their child to lessons that deal with gender identity, sexual orientation, or human sexuality. School boards will be required to establish and implement policies for parents to be notified and provide consent, including providing at least 30 days’ notice prior to instruction or class content, providing parents with enough information to make a decision, and allowing parents the option to opt their child in for all, some, or none of the instruction.

The bill would also require school boards to get parental consent before applying emergency health measures to “the body of a student” (e.g. a mask) under age 16, and to notify parents of any emergency health measures in relation to students 16 or older.

If passed, the legislation is not expected to come into effect until September 2025.

Bill 29: Fairness and Safety in Sport Act

In the words of Minister Joseph Schow, who introduced the bill, it is designed “to ensure biological female athletes are able to compete in biological-female-only divisions” and “to ensure that transgender athletes have meaningful opportunities to participate in the sports they love of their choice.”

The bill requires schools (including charter and private schools) to establish and implement policies for each relevant sport, and these policies must comply with government regulations – which the government will adopt after this bill is passed. Bill 29 also requires schools to provide information to the Minister regarding:

• complaints related to their policies
• decisions made under their policies
• requests for the establishment of mixed-sex leagues or divisions
• the establishment of mixed-sex leagues or divisions
• other matters prescribed by the regulations

In short, all schools will have to follow the Minister’s regulations and guidance and report to the Minister, which the bill empowers the Minister to create. But the bill itself does not establish any rules regarding female-only sports. Obviously, this government’s intent is to adopt regulations and to issue guidance to protect female-only sports, but it would be better to do so through the bill. That way, a future government wanting to remove protections for female-only sports would at least have to table and debate a bill.

Action

If you’re an Albertan, we encourage you to send a note to your MLA urging him or her to support these bills. You might also send a note of thanks to the Premier. And if you live outside Alberta, please send your MLA or MPP a note asking them to follow Alberta’s lead.