'Sports is a human right': Advocates say Alberta's fairness in sports bill unfair

The government of Alberta says its new bill aimed at women's sporting divisions is about inclusion, but advocates don't agree. 

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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 sport.

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

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

"I don't want kids getting demoralized because they feel like it's stacked against them and it's unfair," Smith said.

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

"In the charter of the Olympics, we read that sports is a human right," Ashley said. "What happens when you deny somebody a human right? Well, they feel dehumanized."

Ashley said many trans people already stay away from sports due to fears of rejection, despite the health and social benefits.

"Now you're compounding that," Ashley added. "(We're told) we should do sports … But now if you're trans, you're like, 'Well, I guess I can't.'"

Minister of Tourism and Sport Joseph Schow said on Friday that the framework in the legislation only applies to female sporting divisions, and it does not include limitations on the participation of transgender boys and men in male 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 about how many transgender athletes are competing in divisions affected by the bill, the province did not know.

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

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

He said female athletes will be allowed to participate in female divisions even if they have differences in sex development (previously referred to as intersex), as long at they are registered as female at birth. 

Natural advantages

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

She said she almost lost a chance to compete at provincials last year after she lost a race that included a transgender athlete.

"Three of us broke away from the rest of the pack for nearly the entire race. The transgender athlete and I ran neck and neck in the final 200 meters … I crossed the finish line in third place, missing the cut off for provincials by half a step," Pilling said. 

She did not say if the transgender athlete also beat the other female athlete who placed before her.

After contesting the results, Pilling was granted an exception and was able to run in provincials.

Smith and said the bill upholds demands from the United Nations special rapporteur on violence against women and girls to preserve female spaces.

"If there's no difference between men and women, why haven't we always just had co-ed sports?" Smith said.

There are biological differences between men and women.

There are also differences withing those groups, as same-sex individuals are born with a wide range of genetic traits – like height, speed, body shape and reflexes – that can offer a natural advantage in sports.

"I think ultimately, it comes down to, 'Why are you okay with all of these advantages that are something people are born with, until we're talking about trans people?" Ashley said.

A 2023 study published in the scientific journal Frontiers in Sport and Active Living found wide variations within cis-gendered male and female populations, including individuals who are naturally "gifted." 

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

"An individual's sex does not determine their success or failure at any athletic event despite the high level of competition. This can be demonstrated when looking at not average outcomes, but the level of overlap among outcomes," the study found.

Advocacy group Canadian Women and Sport (CWS) issued a statement Friday asking the Alberta government to avoid blanket exclusions of transgender athletes.

Schow said he doesn't agree with claims that the bill is exclusionary, saying it will keep more girls participating in sports longer.

He cites a report from the UN special rapporteur that includes the "inclusion of males in the female sport category" as a reason girls self-exclude themselves from sports.  

CWS says banning transgender girls does not reflect evidence on the barriers to keeping girls in sports longer, which include financial costs, limited access, and lack of skills and confidence.

"We urge those with decision-making power to rely on sound guidance from leading sport authorities and to focus their efforts on implementing evidence-based solutions to address the barriers that keep girls from accessing the benefits of sport," CSW said its statement.

If the bill is passed, it is expected to come into effect next fall. 

With files from CTV News Edmonton's Jeremy Thompson