Alberta plans to consult on proposed gender policies, but advocates say they weren't invited

Pride groups and some health-care providers are harshly criticizing the Alberta government's latest attempt to get feedback on its proposed gender identity policies — a private invite that requires participants to sign a non-disclosure agreement.

"If [Premier Danielle Smith] really wants to hear what we have to say, she can schedule a public hearing where those of us who are part of the medical community can be on record to say what we think about this," said Dr. Jake Donaldson, a Calgary family physician who provides gender-affirming health care.

"I understand there are people who feel strongly about this and people who may not feel safe being vocal about these issues ... but at the end of the day, this needs to be a public conversation."

In an email obtained by CBC News, the provincial government invited 40 organizations and individuals to participate in virtual focus group sessions about its proposed policies. The new rules would affect student gender identity, youth gender-affirming surgeries and health care, and trans women's participation in sports.

The email is signed by a senior policy adviser for Alberta Health. It notes that if invitees want to participate, they must sign a non-disclosure agreement (NDA).

A provincial spokesperson from the office of Health Minister Adriana LaGrange told CBC News in an email that the invitations went to "key stakeholders," including clinicians who have experience working with young trans people, other medical professionals, members of the trans community and bioethicists.

Donaldson said his employer forwarded him one of the invites from the province, but he refused to attend, sending back a response that called for more transparency. He said aspects of the invitation were "not only problematic, but downright unethical."

"I think they just wanted us to be in the room. My sense is that they wanted to be able to say that they engaged with key stakeholders, but they weren't really actually sincere in doing that," he said.

"The fact that they were requiring a non-disclosure agreement is an example of why I believe that."

The provincial spokesperson said the NDA is to ensure confidentiality during discussions. It continues "indefinitely," meaning those who participate could never discuss what was said.

Although the emailed invitation seemed to focus on health-care providers' opinions, Donaldson said the voices of the 2SLGBTQ+ community should be front and centre.

"Should women be engaged in conversations that involve women? Should people of colour be engaged in conversations that involve them?" he said. "The fact that such a small portion of this community has been involved in this decision-making progress is just a sign that [the premier] is not engaging in any degree of sincerity in this conversation."

Smith has said her government will introduce legislation this fall to support the policies affecting trans and non-binary youth and adults. Since those policies were introduced in January, several human rights, 2SLGBTQ+ and medical groups have come forward saying the changes could potentially harm trans and non-binary people.

Earlier this month, 14 different Pride groups from across Alberta banned United Conservative Party caucus members, including Smith, from any upcoming Pride events.