The Alberta government says its new bill targeting women’s sports divisions is about inclusion, but advocates disagree.

THE Fairness and Safety in Sport Act was introduced Thursday, one of three bills outlining new policies on gender-affirming health care, pronoun policies and transgender participation in sports.

If the bill passes, only women and girls registered as female at birth will be allowed to compete in provincial, school or post-secondary sports divisions.

Premier Danielle Smith said Thursday the bill aims to “ensure everyone can participate fairly and safely in the sports they love.”

“I don’t want kids to be demoralized because they feel like it’s going against them and it’s unfair,” Smith said.

Florence Ashley, an assistant professor of law at the University of Alberta, said the law will do just that for the already small community of trans and non-binary athletes.

“In the Olympics charter we read that sport is a human right,” Ashley said. “What happens when you deny someone a human right? Well, they feel dehumanized.”

Ashley said many trans people already stay away from sport for fear of rejection, despite the health and social benefits.

“Now you’re making it worse,” Ashley added. “(We’re told) we should play sports… But now if you’re trans, you’re like, ‘Well, I guess I can’t.'”

Minister of Tourism and Sports Joseph Schow said on Friday that the framework of the legislation applies only to women’s sports divisions and does not include limitations on the participation of boys and transgender men in men’s sports .

Smith said the province will support the creation of new co-ed divisions that will be open to transgender women and girls.

When asked how many transgender athletes competed in the divisions affected by the bill, the province did not know.

Requests for new divisions will need to be reported to the province, along with any complaints regarding eligibility and how they were handled.

Schow said the legislation would only apply to competitive provincial, school or post-secondary divisions. Recreational sports will continue to be regulated by individual organizations.

It said female athletes will be allowed to compete in women’s divisions even if they have differences in sexual development (formerly known as intersex), provided they are registered as female at birth.

Natural benefits

Hannah Pilling, an 18-year-old track and field and cross country athlete, spoke in favor of the bill on Thursday.

She said she almost lost a chance to compete at the provincial championships last year after losing a race featuring a transgender athlete.

“Three of us broke away from the rest of the pack for most of the race. The transgender athlete and I ran neck and neck in the last 200 meters…I crossed the finish line in third place , missing the cut-off for the provincial championships by half a step,” Pilling said.

She did not say whether the transgender athlete also beat the other female athlete who placed ahead of her.

After contesting the results, Pilling was granted an exception and was able to compete in the provincial championships.

Smith and said the bill responds to calls from the United Nations special rapporteur on violence against women and girls to preserve women’s spaces.

“If there is no difference between men and women, why haven’t we always played mixed sports?” Smith said.

There are biological differences between men and women.

There are also differences within these groups because people of the same sex are born with a wide range of genetic traits – like height, speed, body shape and reflexes – that can provide a natural advantage in sports. .

“I think ultimately it comes down to, ‘Why are you OK with all these advantages that people are born with, until we talk about trans people?’ » said Ashley.

A Study 2023 published in the scientific journal Frontiers of sport and active life found wide variations within cisgender male and female populations, including naturally “gifted” individuals.

The study found that about 2.3 percent of a normally distributed population is likely to be above average compared to their same-sex peers, while only about 0.5 percent identify as transgender.

“An individual’s gender does not determine their success or failure at a sporting event, despite the high level of competition. This can be demonstrated by looking not at average results, but at the level of overlap between results” , reveals the study.

The advocacy group Canadian Women & Sport (CWS) has released a statement Friday call on the Alberta government to avoid blanket exclusions of transgender athletes.

Schow said he disagreed with claims that the bill would be exclusionary, saying it would allow more girls to participate in sports longer.

He quotes a report from the UN special rapporteur this includes “the inclusion of men in the female sporting category” as a reason for girls to self-exclude from sport.

The CWS says the ban on transgender girls does not reflect the barriers that keep girls from playing sport longer, including financial costs, limited access and lack of skills and confidence.

“We urge those with decision-making power to draw on the sound advice of leading sporting authorities and focus their efforts on implementing evidence-based solutions to remove the barriers that prevent girls from accessing benefits of sport,” CSW said in its statement.

If the bill passes, it is expected to take effect next fall.

With files from Jeremy Thompson of CTV News Edmonton