Federal Sports Minister Carla Qualtrough is urging her provincial counterpart in Alberta to reconsider recently-announced legislation that would
On Oct. 31, Alberta Premier Danielle Smith91ÂãÁÄÊÓƵ™s government focusing on transgender people and students using preferred pronouns.
Bill 29, dubbed the Fairness and Safety in Sport Act, would ban transgender athletes from competing in "biological female-only" amateur sports and require school and sports organizations to report eligibility complaints.
The bill would also require sport groups to report requests for, and establishment of, "mixed-gender or mixed-sex leagues, classes or divisions," and insulate them from legal action for "anything done or omitted to be done in good faith" while complying with the legislation.
In tabling the bill for fist reading, Sport Minister Joseph Schow said the legislation is meant to ensure fairness, safety and inclusivity in sport, adding "no athlete should have an unfair advantage, and no athlete should have to put themselves at risk or harm in order to participate in sports they love."
This legislation would apply to amateur competitive sport that is organized and overseen by provincial sport organizations, post-secondary institutions and independent academic institutions subject to the Post-Secondary Learning Act, as well as school authorities with students of applicable age subject to the Education Act.
The government said the bill's aim is to protect fairness and safety in sports, with Smith saying she wants to see sports leagues create mixed-gender divisions to ensure all athletes can compete.
Schow told reporters a person's sex as registered at birth would determine their competitive eligibility. Such documentation is accessible through provincial authorities.
Smith said she wants to see sports leagues create mixed-gender divisions to ensure all athletes can compete. The bill proposes doing so "where numbers warrant."
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On Thursday (Nov. 7), Qualtrough shared on social media a letter written to Schow expressing her concern with regards to the impact of Bill 29.
"As leaders in the Canadian sport system, it is our responsibility to create a system that is inclusive for all Canadians to participate and excel in sport. This includes trans and gender-diverse participants," Qualtrough said in her letter.
Acknowledging it has always been a part of sport, the MP for Delta said categorization is not 91ÂãÁÄÊÓƵ” and must never be 91ÂãÁÄÊÓƵ” used as a "licence to discriminate."
"Eligibility criteria should start from a point of inclusion, and be sport-specific, evidence-based and rights-respecting. Importantly, such criteria should be determined by experts in sport, science and human rights 91ÂãÁÄÊÓƵ” not by politicians," she wrote.
"The Fairness and Safety in Sport Act is a top-down approach by politicians to impose exclusionary policies on sport organizations. I therefore urge you to reconsider this legislation and instead work with sport organizations to develop policies that are inclusive, sport-specific, evidence-based, and grounded in human rights. Our focus must be on empowering sport organizations to adopt inclusive policies that are tailored to their unique needs."
Qualtrough said supporting robust scientific research, ensuring meaningful consultations, safeguarding privacy and developing fair eligibility policies will give organizations the resources they need to determine eligibility criteria for their respective sports.
"The idea that inclusion undermines fairness is incredibly misguided," she wrote. "Fairness and inclusion can, and must, co-exist. Trans and gender-diverse inclusion is part of this work. True equity is achieved by policies that respect the rights and dignity of everyone."
The minister closed her letter by saying policies that exclude trans kids "have no place in a country built on fairness and human rights."
Qualtrough's letter echoes a (an online subscription-based publishing platform) on Oct. 30, wherein she calls for greater inclusion for trans and gender-diverse athletes, while criticizing politicians imposing "blanket exclusionary policies that would only deepen marginalization and harm."
"The issue of trans and gender-diverse inclusion in sport has been politicized and weaponized in Canada, to the detriment of an already vulnerable, excluded and marginalized community. Inclusion has been pitted against fairness, as if these two values and ideals cannot coexist in the context of sport," Qualtrough wrote in her statement.
The minister goes on to say trans and gender-diverse inclusion in sport is a human rights issue, noting the Canadian Human Rights Act prohibits discrimination on the grounds of gender identity or expression and Section 15 of the Canadian Charter of Rights and Freedoms guarantees equality rights for everyone, and lays out a dozen other considerations to be taken into account when creating a sport system that is welcoming, inclusive, safe and fair.
"There must be a path forward for sport in Canada where the integrity and fairness of sport categories are preserved, while at the same time, rights are respected and everyone is included", Qualtrough wrote.
"It is dangerous to generalize and misinform. It is harmful to hide behind ideology and ignore science and evidence. It is unfair to pit groups against each other under the guise of 'unfair advantage' or 'safety risk.'
"As more trans and gender-diverse children, youth and adults bravely choose to participate in sport, we owe it to them to provide safe, inclusive and welcoming sport opportunities and experiences."
91ÂãÁÄÊÓƵ” with files from The Canadian Press
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