Statement on Alberta Anti-Trans Policies
SWAA calls on Alberta’s government to fully rescind its plan to implement regressive transgender legislation.
Alberta’s governing United Conservative Party (“UCP”) recently announced plans for Canada’s widest reaching anti-trans policies that will directly impact children and youth and their families, educators, health professionals, and even organized sports (French, 2024).
SWAA upholds all human rights.
Many consider UCP’s announced anti-trans policies to be unlawful. The Canadian Bar Association states in their, Practice Tools (n.d.):
“All children and youth have the right to be free from discrimination because of sex, gender, sexual orientation, gender identity and gender expression. This right is founded in Article 2 of the UN Convention on the Rights of the Child, as well as in the Canadian Charter of Rights and Freedoms, the Quebec Charter of Human Rights and Freedoms, and provincial and territorial human rights legislation.”
Egale Canada and Skipping Stone Foundation are planning legal action against this proposed legislation and Bennett Jensen, legal director at Egale Canada told Post Media that, “It appears to be a systematic attempt to eradicate trans people from existence, at least from public society,” (Johnson, 2024).
Some of the most harmful policies include:
Requiring teachers and schools to notify parents/guardians and seek parental consent when a person aged 15 and under wants to use names and pronouns differing those assigned at birth.
Banning puberty blockers and hormone therapies for children aged 15 and under.
Banning top and bottom surgery for people aged 17 and under.
Ethical implications of anti-trans policies.
In response to anti-2SLGBTQ+ legislation in New Brunswick and Saskatchewan, the Canadian Association of Social Workers made clear that, “policies or guidance that dictate that someone must out a trans, gender fluid or queer child or young person to their parents are both dangerous and a violation of CASW’s code of ethics,” (CASW, 2023).
The range of policies Alberta’s UCP government plans to introduce this fall are in violation of every one of the seven core professional values in CASW’s recently introduced Code of Ethics, Values and Guiding Principles (2024):
Respecting the Dignity and Worth of All People
Promoting Social Justice
Pursuing Truth and Reconciliation
Valuing Human Relationships
Preserving Integrity in Professional Practice
Maintaining Privacy and Confidentiality
Providing Competent Professional Services
Social workers are bound by Standards of Practice, Codes of Ethics and Practice Guidance set out by our provincial regulator, the ACSW. For social workers employed in the school system and who are struggling with the ethical issues presented by the proposed legislation, please reach out to the ACSW who has experts available to help navigate ethical dilemmas and provide support and guidance.
SWAA supports, UNCRC, UNDRIP, and Treaty Rights.
The United Nations Convention on the Rights of the Child (UNCRC) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) both emphasize the rights of Indigenous children and the rights of Indigenous Peoples to determine their cultural or ethnic identity that aligns to their customs, beliefs, and traditions (OHCR, 1989; UNESCO, n.d., United Nations, n.d.). Policies that deny access to healthcare, and education in alignment with Indigenous cultures are not aligned with the intentions of UNCRC and UNDRIP.
SWAA supports the healthier outcomes of gender affirming care.
Research by Green, et al. (2022) found that gender affirming care, including puberty blockers, reduces depression and suicidal ideation in young transgender and non-binary humans and SWAA supports policies, like gender affirming care, that support children and youth to grow into adults in the healthiest ways possible.
The Social Workers Association of Alberta (“SWAA”) agrees with medical organizations, like the United Nurses of Alberta that gender-affirming care is the best evidence-based, safe, and compassionate approach for the well-being of all trans and non-binary people, especially when working with and supporting young people (United Nurses of Alberta, 2024).
SWAA supports policies that prevent homelessness.
Children and youth want and need to be unconditionally accepted and loved. Trans children and youth are not always ready to share their intimate thoughts and feelings with their parents. They may turn to trusted teachers until they are ready to share with their families. Parents have a responsibility to create safe, trusting, and loving relationships with their children and in doing so, young people will tell their families about their preferred pronouns and/or name.
Forcing teachers and schools to notify parents and to seek parental consent from unaccepting families will place children in harm's way.
Youth homelessness is known to very often be caused by breakdowns in family relationships (Quilty, et al., 2022), and this is especially true for “Lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) youth [who] are 120% more likely to be homeless than cisgender and heterosexual youth” (Ormiston, 2022). When educators are forced to notify parents and guardians about their child’s gender, they may put that child at risk for homelessness, which has doubled in Edmonton alone over the last three years (Smith, 2022; Homeward Trust Edmonton, 2024).
Premier Smith’s statement that Child Protection Services are available for youth rejected by parents speaks to her full acceptance and knowledge that this Legislation will put children at risk of abuse, suicidal ideation, and self-harm. This is unconscionable.
Including a ban on top and bottom surgery in the proposed legislation contributes to misinformation.
There are no cases on record of bottom surgery being performed on a minor for gender reassignment purposes anywhere in Canada.
Registered nurse Robyn Hodgson, co-ordinator for the transgender and non-binary program at the London InterCommunity Health Centre explained to CBC News in November 2023:
"I can tell you, internationally, I do not know anybody that will perform any type of genital surgery on anyone under 18 years of age."
This policy is amplifying the misinformation associated with this set of anti-trans policies and ignores the evidence found in practice and in research.
Call to Action
Social workers are among the largest providers for mental health in the country and in supporting families in the education system. We implore the government of Alberta to consult social workers on best practices related to the needs of trans youth.
SWAA encourages all social workers to contact the Premier at premier@gov.ab.ca and their local MLA to tell them to stop the introduction of these policies and legislation. Use the reasons outlined in this statement to write a letter or to discuss the issue with your elected representative.
Resources and Learning Opportunities
If you are worried about upcoming anti-trans legislation, know that social workers are bound by social work ethics to serve and support your wishes and you can find support, education and resources in the following places:
Webinar March 21, 2024:
What Allies Need to Know about Alberta’s Proposed Legislation, and How They Can RespondHow gender-affirming health care for kids works in Canada | CBC News
References
ACSW (n.d.). Practice Resources https://www.acsw.ab.ca/site/practice-resources?nav=sidebar
CASW (2023, October 2). Statement on 2SLGBTQIA+ Children and Youth. Canadian Association of Social Workers. https://www.casw-acts.ca/en/casw-statement-2slgbtqia-children-and-youth
Canadian Bar Association - Sexual Orientation, Gender Identity and Gender Expression. (n.d.). https://www.cba.org/Publications-Resources/Practice-Tools/Child-Rights-Toolkit/theChild/Sexual-Orientation-Gender-Identity-and-Gender-Expr
French, J. (2024, February 2). Alberta premier says legislation on gender policies for children, youth coming this fall. CBC. https://www.cbc.ca/news/canada/edmonton/danielle-smith-1.7101595
Green, A. E., DeChants, J. P., Price-Feeney, M., & Davis, C. K. (2022). Association of Gender-Affirming hormone therapy with depression, thoughts of suicide, and attempted suicide among transgender and nonbinary youth. Journal of Adolescent Health, 70(4), 643–649. https://doi.org/10.1016/j.jadohealth.2021.10.036
Homeward Trust Edmonton: Ending homelessness. (2024, February 2). Homeward Trust Edmonton. https://homewardtrust.ca/
Johnson, L. (2024, February 2). Court challenge expected after Alberta details changes to transgender care. Edmonton Journal. https://edmontonjournal.com/news/politics/court-challenge-expected-alberta-transgender-care
OHCR. (1989.). Convention on the Rights of the Child. The Office of the High Commissioner for Human Rights. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
Ormiston, C. K. (2022). LGBTQ Youth Homelessness: Why we need to protect our LGBTQ youth. LGBT Health, 9(4), 217–221. https://doi.org/10.1089/lgbt.2021.0324
Quilty, A., & Norris, M. (2022). Queer/y/ing pathways through youth homelessness: becoming, being and leaving LGBTQI+ youth homelessness. Housing Studies, 1–22. https://doi.org/10.1080/02673037.2022.2141204
Smith, K. (2022, August 23). Edmonton seeing 25% increase in encampment complaints over last year. Global News. Retrieved February 2, 2024, from https://globalnews.ca/news/9080515/edmonton-increase-homeless-encampment-complaints/
SWAA. (2023, December 21). Statement on Edmonton encampment closures — Social Workers Association of Alberta. https://www.myswaa.ca/news/statement-on-eps-encampment-closures
UNESCO. (2017, September 21). UN Declaration on the Rights of Indigenous Peoples (UNDRIP). UNESCO. https://en.unesco.org/indigenous-peoples/undrip
United Nations (n.d.). Children and Youth | United Nations for Indigenous Peoples. https://www.un.org/development/desa/indigenouspeoples/mandated-areas1/children-and-youth.html
United Nurses of Alberta. (n.d.). Decisions about medical care must not be left to politicians: UNA. https://www.una.ca/1493/decisions-about-medical-care-must-not-be-left-to-politicians-una