Lost in Translation: Examining the Constitutionality of Alberta’s New Anti-Trans Legislation

Résumé

While protecting children has been a long-time issue within both the social and political spheres, the discourse has only shifted to centre trans individuals within the last decade or so. This has led to a resurgence of anti-trans rhetoric around the world, including in Canada, under the guise of protecting vulnerable youth. The resurgence of this rhetoric can be seen in three bills proposed by the Alberta government, which mainly aim to restrict inclusive education, gender-affirming care for youth, and the presence of transgender girls in sports. I focus on the healthcare and sports aspects of Alberta’s proposed legislation, specifically through the lens of sections 7 and 15 of the Charter of Rights and Freedoms. I argue that the proposed legislation would be found to be infringing sections 7 and 15, and following a step by step analysis using the Oakes test, would not be upheld as a reasonable limit under section 1 of the Charter.