The Alberta government has introduced legislation aiming to restrict transgender female athletes from competing against biological women — though it is unable to say how many competitors will be affected.
Bill 29 — the Fairness and Safety in Sport Act — was among three bills regarding transgender policy tabled Thursday afternoon.
If passed, the bill requires provincial sports organizations, post-secondary institutions, and independent academic institutions to establish athlete eligibility guidelines in amateur competitive sports.
But the number of female trans athletes in Alberta is unknown, with Tourism and Sports Minister Joseph Schow saying the government does not keep track of that figure.
“There’s potential to affect so many other athletes around the province of Alberta,” he said, referencing non-trans athletes.
“So, we’re taking steps to ensure that there is fairness and safety, and, of course, inclusion in sport and protecting women and girls.”
Details on athlete eligibility and enforcement are expected to come through regulatory changes made before the act is expected to come into force next fall. Eligibility is currently left to individual sports organizations but would be determined by sex registration at birth.
Based on other locations, it appears likely the number of female trans athletes in Alberta is very few, with estimates in U.S. states ranging from just over a dozen to a single athlete in an entire state.
Last year, Newsweek cited researcher Joanna Harper’s estimate of around 100 trans female athletes competing in public school sports in all of the United States, but that number also cannot be verified.
Disagreement on physical advantages
The government says the legislation would also support the formation of additional coed divisions inclusive of transgender athletes.
The legislation would also require sports organizations to report to the government complaints relating to athlete eligibility and any requests to establish mixed-gender or mixed-sex competitions.
Hannah Pilling, an 18-year-old runner, appeared at government news conferences to support the bill, citing her own experience competing alongside trans athletes.
“There are physiological realities that make the participation of a biologically male athlete in women’s sport fundamentally unfair,” she said, claiming to have been unfairly beaten by a trans athlete in a 1,500-metre race.
Others argue any physical advantages are more perceived than real with a 2022 study from the Canadian Centre for Ethics in Sport analyzing a decade’s worth of peer-reviewed studies concluding a ban on trans women was “not warranted.”
The U.S.-based Human Rights Campaign also disagrees, saying variations in physical characteristics already exist within sports, especially at the youth level, and traits like coachability, discipline, and teamwork are also key to sporting success.
‘No unsolicited feedback’ about change
Postmedia surveyed two dozen national and provincial sports organizations ahead of the bill, based on Premier Danielle Smith’s previously stated plans to introduce legislation on trans sports.
Alpine Canada — the governing body for alpine, para-alpine, and ski cross racing — said it was consulted on the bill and cited a “small but important need” for a scientifically informed guidance policy at the grassroots level.
Boxing Canada said it was not consulted. It introduced a policy around a year ago that allows trans athletes who transitioned pre-puberty to compete in the gender with which they identify, while those who transitioned post-puberty must apply for a medical exemption to participate in competitions.
Its executive director, Christopher Lindsay, said the policy treats each case individually, and the organization has received no applications for exemptions.
“The most common fear from our members is, ‘Is there a chance I’ll have to box a man?’ and the answer is absolutely no,” he stated in an email.
Both Curling Canada and Curling Alberta also said they weren’t consulted and pointed to their own policies that allow trans competitors to participate in the gender with which they identify.
“We have had essentially no unsolicited feedback regarding a need for change,” a Curling Alberta statement read.
“We are concerned by the lack of engagement with provincial sport organizations in developing this legislation as this may represent significant changes for sporting events and create misalignment between provincial, national, and international sporting regulations.”
Postmedia requested a list of organizations consulted in crafting the bill, but the province couldn’t provide one, citing confidentiality. It said it consulted with sports organizations, schools, coaches, parents, athletes, and members of the transgender community.
Canada Soccer spoke out strongly against Smith’s plan when it was first suggested last spring, calling it exclusionary and “void of facts” while noting a disproportionately high dropout rate in sports for 2SLGBTQ+ athletes.
Alberta NDP Leader Naheed Nenshi echoed those concerns Thursday, saying the government was making it harder to participate in sports.
“The experts on this, and particularly Canadian women in sport, feel that this kind of legislation will actually reduce the participation of all children in sport, particularly women because sport suddenly will no longer feel welcoming.”
He also warned the restrictions could have wider impacts on varsity competitions for universities and colleges.
“If Alberta is out of sync with other national and international sporting organizations, for example, the universities are not sure they’ll be able to compete.”