Bill 26: Health Statutes Amendment Act
MLA Kasawski's comments in the Legislature about gender-affirming health care
Official Record, November 7, 2024, full transcript available here.
MLA Kyle Kasawski:
“Thank you, Mr. Speaker, and thank you to the other members who have spoken today on this debate.
Bill 26 will move continuing care from the Ministry of Health into the Ministry of Seniors, Community and Social Services. That’s probably something worth having a great discussion about. Then somehow the government has decided, maybe through all their friends at Take Back Alberta, that they need to bolt on some antitrans legislation here.
It’s unsettling, it’s disturbing, and I think we’re reaching a point in our history where we should give great reflection and look deeply at what we are doing to create for the future of this province.
I went to speak to a class recently of grade 9s who came to visit as well, and they wanted to talk about what’s going on in the Legislature. What that group of grade 9s was most concerned about was anti-trans legislation that could be brought forward, and now it’s being brought forward.
We have this opportunity here to debate it, and I’ll work to implore my colleagues to reconsider. Bring forward Bill 26 again with the administrative requirements that it’s going to create for continuing care, but please take out the legislation that is going to harm our children and harm our families in this province.
It feels like we’re back to where we were with Bill 20, Bill 18, Bill 21 in the spring, where this government is trying to control everything, everywhere, all at once. And not just trying to control municipalities; now we are going into the exam room with doctors and patients and telling them how they should operate. We’re trying to bring in and codify legislation of what doctors can and cannot do with their patients, which is of the best interest for their health.
In preparation for this I’ve got a few things. I’ve got a couple of letters from constituents who have written with their concerns.
I sat down with some members of the faith community in my riding of Sherwood Park to understand where they’re coming from with this legislation.
Then I’ve got some personal experiences with a person whom I’ve known since they were a child, and now they have grown up and they’ve gone through their own journey of gender affirmation. It’s been a beautiful journey that they’ve been on.
With that, I don’t know if this is a good time, but if the members on the other side want to take the AirPods out of their ears and stop listening to their YouTube videos, I wonder if any of them want to stand up and just take a stab at how they interpret the difference between sex and gender. All right. We thought we might get into a little bit of dialogue here, but maybe the marching orders are just keep your lips shut tight here.
Let me start with some letters from my constituents.
‘Dear Premier . . . As a lifelong Albertan, I urge you to reconsider your actions stripping away rights for trans and non-binary children in our province. I find your legislation to be in stark contrast to your changes to the Alberta Bill of Rights. While you’ve acted to strengthen the Bill’s commitment to individual freedoms, your changes to healthcare, education, and sport represent government intrusion into the lives of minors and their families. Parents are now forbidden by the government decree from accessing the most appropriate health care for their children . . . I’m disappointed that a self-styled advocate for freedom and bodily autonomy has decided that the state has the power to intrude into the personal healthcare choices of Albertans, and that a champion of parental rights believes that this government (and any government in the future) can dictate to parents how to raise and support their children. Is Alberta supposed to be the freest place in Canada, or only the place where you are free to do what the government of the day allows? The hypocrisy of bolstering the Bill of Rights and then stripping away rights from a group of scapegoated children is not lost on me. I hope that if you look in your heart, you will see that the justifications ring hollow compared to the harms caused by a government inserting itself into the most private and personal lives of these children and their supportive families.’
Another letter from a constituent:
‘I’m writing as an Albertan. I want to address your plans to introduce legislation that will remove access to vital health care for my daughter and the gender diverse community by banning access to numerous forms of affirming health care.’
They write:
‘Here’s why I’m opposed to the legislation:
It will force my daughter into an even deeper depression, along with many other children.
It has already opened the gender diverse community to hatred and harassment. That includes my daughter.
It is upsetting a large number of Albertans. Albertans that possibly supported you in the last election, may not in the next.
The misleading and incorrect information you have been provided, and then sharing, is causing more harm than good. Children deserve to be happy and feel safe. By introducing these policies, you will make Alberta a place where safety and happiness will no longer exist for a handful of children who didn’t ask for [this change.]’
Mr. Speaker, when I sat down with some members of the faith community, I was struck. There is a 10-week course that is offered through ministries on what is the best way, what the scripture teaches on interaction with our trans family and our nonbinary family, and it is grace and truth. It is: love them; treat them well.
In this province we must look to ways to protect our community, and we must look to protect our vulnerable communities. This legislation isn’t doing that. It’s the opposite of protection, it is massive interference, it is gross overreach by a government, and it is disturbing to have it happening here under our watch. Trust people. Trust parents. Trust your doctors.
This government wants to control everything all at once. They do not trust anyone. They do not trust colleges of professionals to govern themselves. We’ve seen that they’ve gone and taken on the college of teachers and said: teachers, we’re going to take on any complaints against professional conduct. There is a two-year backlog now on any reports that would have been handled by the ATA within weeks. This government is not good at administration. They are top-down on all things that they take on, and this is going way too far into the personal lives and personal freedoms and what is best for Albertans.
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We need to get back to basic principles and do unto others as we would want them to do unto us. When you are telling me how I need to get my health care, it is going too far, government. We seem to be at this pivotal moment in Alberta’s history, one where we must reflect on the values that guide us as a society and as a province.
Bill 26 proposes to amend the Health Professions Act in ways that would significantly restrict health care options for transgender youth. While the intent behind this bill may be driven by a desire to protect children, it could have unintended consequences for the freedom of parents to make informed decisions about their children’s well-being and for the medical professionals tasked with providing the best care possible.
Today I want to discuss why this law is harmful overreach into the personal freedoms of families, the autonomy of doctors, and why it could ultimately hurt vulnerable youth who are already at risk, which have been – these stories have been highlighted by other members of this Assembly.
At its core Bill 26 interferes with one of the most fundamental rights we have as individuals, the right to make decisions for our children. The relationship between a parent and a child is one of trust, love, and guidance. Parents, not the government, are best positioned to talk to doctors about a child’s health and well-being, especially when it comes to something as personal and sensitive as gender identity and the journey they have gone on through their life and the struggles they have gone on.
I have talked to members of the other side. If there is discomfort with other people, that is one thing, but to be cruel and hateful is beyond understanding. We should be treating each other with grace and love as people go on their own journey of gender affirmation in this province.
Under Bill 26 the freedoms of parents and children are being severely restricted if this passes. Parents are often the first to notice changes in their children’s behaviour and emotional state. They are the ones who understand their child’s pain, confusion, and struggles and who seek to help them through the complex journey of selfdiscovery. The relationship between parents and doctors is built on trust as well and shared decision-making.
By introducing laws like Bill 26, the government is removing that fundamental autonomy from parents and placing bureaucratic restrictions in its place.
Now might be a good time to talk about Nic. Nic is someone who I’ve known since they were preschool, and I’ve watched this person grow up from a little boy, as I saw them, into a beautiful woman. Their journey has been full of love and support from their family, with careful advice and consideration from their faith community and from the medical community. It has been the healthiest development I have ever seen in a person.
I’m so sad and afraid that with this Bill 26 legislation people that have gone on Nic’s journey will not have that opportunity in the future after this passes. It is a terrible situation to imagine in our province.
Our culture is constantly changing. It’s constantly evolving, and our understanding of ourselves and each other is changing. It should be a more welcoming and loving place, where people get to be their most authentic self and live their best lives in our province because that is the way we will get forward in this society together and build a better province, where we know better is always possible.
Back to that doctor-patient relationship. For years the health care system in Alberta has been built on the principle that decisions about medical care are best made by parents and their health care providers, guided by professional knowledge and ethical considerations. Bill 26 upends this model by limiting the discretion of health care professionals, particularly those in the fields of endocrinology, psychiatry, and pediatrics by prohibiting them from offering treatments like puberty blockers or hormones to youth under certain ages regardless of the patient’s individual circumstances.
Mr. Speaker, I can tell you a story of someone who I grew up with, who at age 14 the doctors advised that maybe it was time to have hormone therapy because they weren’t reaching puberty. He has grown into a happy, healthy man that is raising a family and doing all the things in life that he would have maybe been limited from if the doctors did not give the best advice, in consultation with the family, that it was time for him to have some hormone therapy. Bill 26 will restrict that opportunity in the future.
The medical community, including organizations such as Alberta Medical Association, has emphasized the importance of individualized care when it comes to gender-affirming treatments. Many of these treatments have been shown to reduce anxiety, depression, and suicidal ideation in transgender youth by helping them align their physical bodies with their gender identity. Gender affirming care is not a one-size-fits-all approach; it is based on careful considerations of the patient’s needs, mental health, and long-term well-being.
I had a discussion last night with someone who is responsible for sports in their region, and they discussed intersex people, something I had not even been considering. If you can imagine someone who has genitalia that presents as female but has testes inside them, and that changes them and makes them unique. They need the best care possible, and they need the best opportunity to participate in our society. Under Bill 26 health care providers would be forced to deny care to patients who may benefit from it or, worse, delay care that could alleviate their suffering.
Mr. Speaker, I hope we vote against this bill.”
From Page 25-26 of this PDF: Hansard, November 7, 2024
Wow! This is extraordinarily powerful. Thank you for the good work.