Weren't we done with minority discrimination?

With trans rules, Alberta tries yet again to breach Charter equality rights

In 1998, in Vriend v. Alberta, the Supreme Court of Canada ruled that Alberta's refusal to extend the umbrella of anti-discrimination protections to the 2SLGBTQ community was unconstitutional. The court found this refusal sent a “strong and sinister message to all Albertans that it was permissible, and perhaps even acceptable, to discriminate against individuals on the basis of their sexual orientation” and had a profound adverse effect on gays and lesbians.

Conservative elements pressed the government to invoke the Charter of Rights and Freedoms notwithstanding clause to override the Vriend decision. Ultimately, cooler heads prevailed.

For the first time in history, members of Alberta's 2SLGBTQ community were protected from being fired, thrown out of their apartments or denied access to health care solely because of their sexual orientation. They were able to emerge from the closet and live their true lives. Alberta became a more just society.

Now, almost 26 years later, history repeats itself.

Another Alberta government proposes policies in breach of Charter equality rights, undermining the human rights of vulnerable individuals — this time, members of the trans community.

Under this proposal, trans youth would be denied their right to school support to use preferred names and pronouns without parental consent or, for youth over the age of 15, without parental notification. When trans youth have parental support, consent and notification are unnecessary because their parents already know; they are likely the first, not the last, to learn about their child's gender identity.

But trans youth who are afraid to confide their gender identity to their parents will be left an untenable choice: Suffer silently in the closet or come out to their parents, risking loss of loved ones, their home or even physical violence.

Under this proposal, school instruction about sexual orientation, gender identity, and human sexuality would require parental notification and opting-in. Some students would not obtain education on crucial issues like safe sex, need for consent to sexual activity and differences in gender identity that could help avoid or reduce discrimination.

Parental rights are referenced to justify requirements for consent and opting-in. To be sure, parents play a critical role in raising children, and have commensurate rights and responsibilities. However, the Supreme Court of Canada recently reiterated in Loyola High School v. Quebec: “… parents are free to pass their personal beliefs on to their children if they so wish. However, the early exposure of children to realities that differ from those in their immediate family environment is a fact of life in society.”

Under this proposal, trans youth would be denied certain medical treatments recommended by their physicians, supported by their parents and in accord with established guidelines, with potentially tragic consequences. Singling out trans youth and their families for such government interference is deeply discriminatory.

Under this proposal, transgender women and girls would be banned from “women's-only” sports, sending the message from this government that a transgender woman is not a woman.

Paraphrasing the words of the court in Vriend, all of this sends a strong and sinister message to Albertans that it is permissible, even acceptable, to discriminate on the basis of gender identity. To members of the trans community, the message is they are less than equal members of our society.

In Vriend, the court described Alberta's arguments as “disingenuous.” It is similarly disingenuous to suggest this proposal is to protect trans youth. This is shown by the strong resistance from medical, education and community leaders. In truth, this is raw politics, effectuating a resolution from a United Conservative Party political convention.

It is heartbreaking to see our government yet again seek to undermine both the Charter equality rights and the human rights of a vulnerable group. This is not who we are as a society. We are better than this. We must stand up for the fundamental rights of all Canadians, regardless of gender identity.

As the court stated eloquently in Vriend: “If equality rights for minorities had been recognized, the all-too frequent tragedies of history might have been avoided. It can never be forgotten that discrimination is the antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.”