Joanne Lagona : UCP Gender Policies Violate Charter Rights: Legal Experts

By | February 17, 2024

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Controversy Erupts Over UCP’s Gender-Based Policies in Alberta

The United Conservative Party (UCP) in Alberta is currently under fire for its proposed gender-based policies, sparking outrage from opposition parties and legal experts across the province.

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In a recent video released by the NDP, various members of the community, including medical professionals, parents, athletes, and LGBTQ2S+ individuals, have spoken out against the UCP’s proposed policies targeted at trans and non-binary youth.

NDP leader Rachel Notley expressed her concerns during a press conference following the video’s release, emphasizing the need to address the misinformation being spread and the potential negative impacts of the proposed policies.

Premier Danielle Smith announced the controversial policies in a social media video on February 1, outlining plans to restrict access to gender-affirming care and introduce significant changes to women’s sports, sexual education, and pronoun policies in schools.

One of the key points of contention is the policy requiring parents to opt-in to sexual education at schools, which has been criticized as unnecessary bureaucracy that may hinder young people from receiving comprehensive sex education.

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Olympian Jen Kish also weighed in on Smith’s proposed ban on trans-women in women’s sports, highlighting the lack of evidence supporting the need for such a policy and questioning the Premier’s justification based on a misleading video.

Legal Challenges and Concerns

The UCP’s policies have not only faced backlash from various community members but have also raised legal questions, prompting dozens of law professors and experts from the University of Alberta and University of Calgary to voice their concerns.

In an open letter, the legal experts argued that the proposed restrictions targeting trans and non-binary youth could potentially violate their rights under the Canadian Charter of Rights and Freedoms.

Professor Eric Adams from the University of Alberta highlighted the possibility of legal challenges based on Charter rights violations, especially regarding policies related to sexual education in schools.

While Premier Smith has hinted at using the notwithstanding clause to push through the legislation, recent court decisions, such as the ruling in Saskatchewan, suggest that legal challenges may persist even with the use of this clause.

Despite the mounting criticism and legal concerns, Smith’s press secretary, Sam Blackett, maintained that the government is committed to implementing the policies by the end of 2024, utilizing a combination of regulations, ministerial orders, and potential legislation.

As the controversy surrounding the UCP’s gender-based policies continues to unfold, the province remains divided on the potential implications and repercussions of these proposed changes.

With contributions from The Canadian Press and CTV News Edmonton’s Chelan Skulski

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