This article discusses transphobia and discrimination, as well as mentions of depression and suicide among transgender youth, and may be triggering for some readers. The Canadian Mental Health Association Crisis Line can be reached at 1-800-875-6213.
Alberta’s government is using the Charter to scapegoat transgender youth as political targets.
Last Tuesday, Alberta Premier Danielle Smith invoked the notwithstanding clause to pass three sweeping bills targeting transgender youth. The bills limit gender affirming-treatment for transgender youth, ban transgender participation in female sports leagues, and require parental consent before a name or pronoun change in school. This is the second time in three weeks that Smith has overridden the Canadian Charter of Rights and Freedoms.
The notwithstanding clause was designed for rare use in exceptional circumstances where the government felt the legislature was infringing on their abilities, and was never intended to be used as a regular legislative tool. Smith recently used the clause to end a teachers’ strike in Alberta, and the legislature regarding transgender rights.
Beyond the horrible implications for the transgender community, the use of the notwithstanding clause has broader implications for the backsliding of democracy across Canada and in the U.S.
Smith stated that the bills are intended to protect youth, but it’s clear they’ll have the opposite effect. Access to gender affirming care is associated with lower rates of depression, anxiety, and suicide attempts among transgender youth as well as better social and academic outcomes. Gender affirming care is essential, and denying this right represents a clear attack on the transgender community.
The denial of essential care has larger ramifications for the healthcare system. Failing to provide youth with the care they need is an indication that Smith is failing its constituents. It’s not such a stretch to imagine what other essential services could be taken away.
Disallowing transgender participation in sports under the guise of “urgent physical harm” is a questionable justification at best. Plenty of trans athletes participate in both recreational and high-level sports, without harming anyone. While shocking stories of trans athletes inflicting injuries do sometimes catch the eye of the media, these cases are extremely rare. In either case, injuries are a part of sport, and weaponizing someone’s identity to create a narrative is disappointing and unnecessary.
The debate over trans athletes doesn’t exist in a vacuum, and it affects more than just sports. Banning transgender athletes has already been weaponized in the U.S to further Trump’s agenda of targeting trans individuals, and it’s disappointing to see the same action taken in Canada.
It’s frustrating to think that transgender youth in Alberta will no longer have access to the care they need, the sports teams they want to join, or be required to report pronoun changes to their parents. If there weren’t already enough barriers to gender affirming care, Smith is piling on more.
Smith’s politics show a clear hypocrisy. An outspoken supporter of the Freedom Convoy, it’s clear that Smith only supports autonomous control over one’s body in select circumstances. Smith uses trans issues to stir up controversy, distracting from the other shortcomings of her political agenda. Aware that trans rights fuel division, Smith is all too eager to weaponize an issue that only affects 0.33 per cent of the population and to evoke button issues in times of political controversy.
Much of Alberta has fallen victim to Smith’s inflammatory rhetoric, blaming each other and fueling political division before opening dialogue and understanding the issues at hand. Many have expressed their frustration with Smith, however, she continues to garner positive attention, particularly from rural areas.
Conservatism isn’t the issue here; it’s the rampant populism that’s contributing to democratic backsliding across Canada and the U.S.
When a premier is willing to override charter rights to target a small and already vulnerable population, it signals a troubling shift in how power is exercised. Smith may say these bills are to “protect” youth, but their true purpose appears to be inflaming cultural divides and distracting from the shortcomings of her own government.
—Journal Editorial Board
Tags
Alberta, Danielle Smith, Notwithstanding Clause, Transgender Rights
All final editorial decisions are made by the Editor(s) in Chief and/or the Managing Editor. Authors should not be contacted, targeted, or harassed under any circumstances. If you have any grievances with this article, please direct your comments to journal_editors@ams.queensu.ca.