Alberta’s Legislative Changes Threaten Gender-Based Violence Prevention

The recent ruling by the Supreme Court of Canada has sparked significant debate over mandatory minimum sentences for child sexual abuse and exploitation material. The court determined that applying these mandatory sentences across a broad range of circumstances may be unconstitutional. While acknowledging the severe nature of these crimes, critics have raised concerns about how the law applies to varied cases. This ruling has drawn criticism from certain politicians, who have been cautioned by legal experts against misrepresenting the implications of the decision.

Research on preventing gender-based violence (GBV) suggests that addressing the underlying social conditions that contribute to harm is more effective than merely intervening after the fact. In this context, Alberta Premier Danielle Smith has faced scrutiny for her legislative actions that may undermine GBV prevention efforts in the province.

The prevalence of online child exploitation remains a pressing issue, with reported offenses increasing from 9,131 in 2022 to 16,892 in 2023. These figures highlight only a portion of the problem, as many incidents go unreported. Advocates are calling for the legal system to prioritize prevention and accountability, particularly concerning technology platforms that facilitate these crimes.

Understanding GBV is crucial. It encompasses violence based on gender, gender identity, and expression, including forms of sexual violence. It is acknowledged that GBV is rooted in systemic issues like racism and sexism. To combat GBV, primary prevention strategies focus on education and programs that address inequality and its root causes.

Comprehensive sexual health education in schools, along with initiatives like gay-straight alliances (GSAs) and queer-straight alliances (QSAs), are vital tools in preventing violence. Such programs not only promote positive health outcomes but also educate students on human rights and healthy relationships. When sexuality education is inclusive and comprehensive, it can significantly reduce instances of sexual violence.

Despite the evidence supporting these prevention strategies, Smith’s administration has enacted policies that weaken GBV prevention in schools. In May, the Alberta government announced a ten-year strategy to combat GBV, yet critics argue that the governing United Conservative Party has enacted harmful policies based on misconceptions. For instance, the province’s curriculum ranks the lowest in Canada for 2SLGBTQIA+ inclusion, with students in grades K-6 having only one opportunity to learn about diverse family structures. Under current legislation, students must opt in to receive lessons on puberty, hygiene, and consent, thereby limiting access to critical education.

Additionally, Smith’s government has implemented a requirement for prior ministerial approval for educational materials related to human sexuality. This regulation affects not just sexual health education, but also resources from sexual assault centres that aim to teach abuse prevention. As of November, only four organizations have received approval, creating significant gaps in educational programming, particularly in rural areas with higher rates of GBV.

The policies under Smith’s leadership have also mandated parental permission for trans youth to use preferred names and pronouns in schools, which can severely impact their mental health and safety. Research indicates that allowing trans youth to use their preferred name can reduce suicidal behavior by nearly 60 percent. However, Alberta’s legislation mirrors a controversial policy in Saskatchewan, which has been criticized for creating risks of irreparable harm to youth.

Furthermore, Smith’s administration has sought to limit gender-affirming healthcare for trans youth. This policy, communicated in a video titled “protecting future choices of children,” bans certain gender-affirming procedures already unavailable to those under 18. Critics argue that this stance reflects a broader control over reproductive autonomy, rooted in outdated gender norms and misogyny, which are significant drivers of GBV.

Without effective prevention strategies, the rate of GBV is likely to continue rising, putting additional strain on already underfunded support systems for survivors. If Smith is genuinely committed to combating GBV, her legislative actions must align with that commitment, rather than merely serving as a public relations effort.

Contributors to this analysis include Jamie Anderson, who has received funding from the Social Sciences and Humanities Research Council of Canada and the University of Calgary, and Hilary Jahelka, who has disclosed no relevant affiliations beyond her academic role.