Alberta plans to consult on proposed gender policies, but advocates say they weren't invited
Pride groups and some health-care providers are harshly criticizing the Al‐ berta government's latest attempt to get feedback on its proposed gender iden‐ tity policies - a private in‐ vite that requires partici‐ pants to sign a non-disclo‐ sure agreement.
"If [Premier Danielle Smith] really wants to hear what we have to say, she can schedule a public hearing where those of us who are part of the medical commu‐ nity can be on record to say what we think about this," said Dr. Jake Donaldson, a Calgary family physician who provides gender-affirming health care.
"I understand there are people who feel strongly about this and people who may not feel safe being vocal about these issues ... but at the end of the day, this needs to be a public conversation."
In an email obtained by CBC News, the provincial gov‐ ernment invited 40 organiza‐ tions and individuals to par‐ ticipate in virtual focus group sessions about its proposed policies. The new rules would affect student gender iden‐ tity, youth gender-affirming surgeries and health care, and trans women's participa‐ tion in sports.
The email is signed by a senior policy adviser for Al‐ berta Health. It notes that if invitees want to participate, they must sign a non-disclo‐ sure agreement (NDA).
A provincial spokesperson from the office of Health Min‐ ister Adriana LaGrange told CBC News in an email that the invitations went to "key stakeholders," including clini‐ cians who have experience working with young trans people, other medical profes‐ sionals, members of the trans community and bioethicists.
Donaldson said his em‐ ployer forwarded him one of the invites from the province, but he refused to attend, sending back a response that called for more transparency. He said aspects of the invita‐ tion were "not only prob‐ lematic, but downright un‐ ethical."
"I think they just wanted us to be in the room. My sense is that they wanted to be able to say that they en‐ gaged with key stakeholders, but they weren't really actual‐ ly sincere in doing that," he said.
"The fact that they were requiring a non-disclosure agreement is an example of why I believe that."
The provincial spokesper‐ son said the NDA is to ensure confidentiality during discus‐ sions. It continues "indefi‐ nitely," meaning those who participate could never dis‐ cuss what was said.
Although the emailed invi‐ tation seemed to focus on health-care providers' opin‐ ions, Donaldson said the voices of the 2SLGBTQ+ com‐ munity should be front and centre.
"Should women be en‐ gaged in conversations that involve women? Should peo‐ ple of colour be engaged in conversations that involve them?" he said. "The fact that such a small portion of this community has been in‐ volved in this decision-mak‐ ing progress is just a sign that [the premier] is not en‐ gaging in any degree of sin‐ cerity in this conversation."
Pride groups say they aren't being consulted
Smith has said her govern‐ ment will introduce legisla‐ tion this fall to support the policies affecting trans and non-binary youth and adults. Since those policies were in‐ troduced in January, several human rights, 2SLGBTQ+ and medical groups have come forward saying the changes could potentially harm trans and non-binary people.
Earlier this month, 14 dif‐ ferent Pride groups from across Alberta banned United Conservative Party caucus members, including Smith, from any upcoming Pride events.
"You may not celebrate with us in June when you plan to attack us in Septem‐ ber," a letter published on May 17 states.
Members of these and other Pride groups told CBC News they didn't receive the latest consultation invitations from the province but believe they should have been in‐ vited.
"As currently the only or‐ ganization that has regular weekly programming with youth, 80 per cent of which identify as transgender ... we definitely should be included in that," said Esjay Lafayette, executive director of the Pride Centre of Edmonton.
Lafayette said he hopes the provincial government scraps the policies com‐ pletely.
"The ones who will be most impacted are those that are not from affirming, safe spaces, and that is a lifelong sentence of pain and suffer‐ ing," he said.
"It breaks my heart that they would pursue these policies with such fervour knowing the damaging im‐ pact. That both saddens and really scares me."
Rowan Morris, founder of Trans Rights YEG, said he wasn't invited to the consul‐ tation either, but he hopes more members of the trans community, not just medical professionals, are involved in any future conversations.
"Trans existence goes bey‐ ond what medicine you're taking," he said.
"To only be relying on the people providing that med‐ ical care says that you're valuing the medical side of being trans over the human‐ ity of our community."
NDAs a deal-breaker for advocates
Others say even if they were invited, an NDA require‐ ment is a deal-breaker.
"There's no room for an NDA when human rights are at risk," said Amy Menden‐ hall, executive director of HOME, a new "two-spirit, In‐ digenous, queer-led organi‐ zation" advocating for youth in central Alberta.
"If I found out what's hap‐ pening, I have kids that I need to tell their parents so they can get them out of the province," they said.
But some say there is a time and place for NDAs.
"There's privilege reasons, there's privacy reasons. There's any number of rea‐ sons there could be NDAs in‐ volved," said Tom Vernon, a communications consultant with Crestview Strategy and a former political reporter in Edmonton.
"On a budget bill, they might be looking at a very specific measure and how it might impact something. But we don't want to talk about this publicly because this could impact markets," Ver‐ non said.
"On an issue like this, it feels more like they're trying to protect people who might have differing views from being debated about in pub‐ lic."
WATCH | Alberta pre‐ mier defends government's proposed gender policies: