Barbara Findlay

In British Columbia, Susanna Quail and Barbara Findlay, part of the collective Lawyers Against Transphobia, have taken a strong stance against recent policy propositions by Alberta Premier Danielle Smith regarding transgender individuals. These policies, they argue, starkly infringe upon human rights and the Charter of Rights' guarantee of equality, posing a significant challenge to the foundational values of dignity and equality for all Canadian citizens.

The controversy centers around a series of proposed policies by the Alberta government, which notably include restrictions on gender-affirming surgeries for individuals under 18, prohibitions on hormone therapies and puberty blockers for those under 16, and mandates for parental consent for changes in a minor's pronouns or names in educational settings. Furthermore, the policies introduce an "opt-in" requirement for education on sexuality, gender identity, and sexual orientation, while also seeking to exclude transgender women from participating in women's sports leagues.

These proposed measures, according to Quail and Findlay, not only blatantly discriminate against transgender youth by undermining the expertise of medical professionals in gender-affirming care but also encroach upon the autonomy of transgender students by mandating that educators disclose their gender identity to parents. Additionally, they restrict the educational scope on matters of sexual orientation and gender identity, and baselessly bar transgender women from sports participation.

The legal duo is not alone in their condemnation. They align with the perspectives of Sheila Greckol, a former justice of the Court of Appeal, and Douglas Stollery, a distinguished lawyer and Order of Canada recipient, who have both voiced their criticisms through a commentary in the Edmonton Journal. These legal professionals draw parallels between the current situation and the landmark Supreme Court of Canada decision in the Delwin Vriend case, which established the unconstitutionality of excluding the 2SLGBTQ+ community from anti-discrimination protections.

The case of Delwin Vriend, a laboratory coordinator dismissed for his sexual orientation, underscores a broader narrative of discrimination that not only harms individual self-esteem and confidence but also perpetuates societal devaluation of LGBTQ+ individuals. The Supreme Court's decision highlighted the severe impact of such discrimination on the dignity and worth of individuals, branding it as a particularly cruel form of exclusion.

Lawyers Against Transphobia contend that Premier Smith's policies represent an alarming regression in the fight for equality, effectively substituting governmental judgment for the professional expertise of medical and educational professionals. They argue that such policies not only interfere with the rights of mature minors to direct their own medical care but also endanger transgender children by forcing disclosure of their identity to potentially unsupportive parents, thereby risking their safety and well-being.

The group deems the exclusion of transgender women from sports as a baseless and cynical move, framing it as an unjust portrayal of transgender women as a threat to cisgender women in the sporting arena.

The response from Premier Smith's office to these criticisms remains absent, with no comment provided to inquiries from the media. This silence adds another layer of concern for advocates and critics alike, who see these policies as a stark deviation from Canada's commitment to equality and human rights for all its citizens, including the transgender community.