Bill of Rights | Parental Consent AB

An Explicit Alberta Parents’ Bill of Rights (May 2, 2024)

Reference: “Premier Smith’s Parents’ Rights Policies, 31 Jan 2024, “The Facts and Needed Clarifications Speak for Themselves,”dated 5 Feb 2024.

This analysis has the following topic structure:

1 - Diagnosis of Alberta’s GSA/SOGI Governance Problems

2 - Five Prime Objectives in a Comprehensive Governance Remedy

3 - An Explicit Parents’ Bill of Rights to be Declared in the Alberta Education Act

4 - Shortcomings of Premier Smith’s “Parents’ Bill of Rights” Remedy

5 - Parental Consent Alberta Concluding Remarks

1 - Diagnosis of Alberta’s GSA/SOGI Governance Problems?

There are some 607,000 students between ages 5 to 15 in the Alberta school system, which includes tens of thousands of cognitively/psychologically vulnerable youths. The GSA/SOGI governance calamity adversely impacts at minimum these children and their parents.

Legislation labelled in the media as “LGBTQ Students’ Rights Law” or “Gay-Straight Alliance Law” was passed by the Prentice PC government in March 2015. Successive administrations (Notley NDP, Kenney UCP and Smith UCP) continued the governance with little implementation variation. The result has been unprecedented, experimental, radical, and harmful change in “parent-child-State” relationships. Consider the following:

Students, starting at age five, have the right to join a Gay-Straight Alliance (GSA) club, secretly and independently from parental knowledge and consent. Although advocated as needed LGBTTTPQQAI+ student safe spaces for building resilience through harmless socializing, the ATA publication "GSAs and QSAs in Alberta Schools: A Guide for Teachers (pg. 31)," declares GSAs (Types 3 and 4) to be used for “eradicating homophobia,” and for “political activities” to move classmates beyond tolerance of sexual minority students to celebration. Note the terms “homophobia” and "homophobe" are not found or defined in the Canadian Charter, the Human Rights Act or Criminal Code, nor in the Alberta Human Rights Act, Bill of Rights, Education Act, Family Law Act, or School Act. Nonetheless, trans, queer, bi and homo -phobe are terms used to silence free speech and bully all who are not in agreement with sexual minority activism, the skyrocketing SOGI trends, and/or the increasing levels of sexuality/gender confusion.

GSAs are unregulated, unsupervised, non transparent, ideological, and peer-organized activist clubs. There is no age spread limitations on membership. There is no requirement for a club constitution detailing purpose, objectives, activities, liaison/principal/school board roles or oversight. There is no need for prior adult approval of a club activity or for adult oversight of an activity/event execution. There is no need to make accessible to the public (students, teachers, and parents) the club purpose, objectives, allowed activities, and supervision. Teachers and school staff have no idea of what goes on in GSAs.

Alberta Education in the Notley era allowed the creation of a province-wide Gay-Straight Alliance (GSA) Network organized by adults who are unaccountable to parents and government. Adults who have taken on the roles of advising/indoctrinating GSA clubs in schools and coordinating between GSA clubs and other LGBTTTPQQAI+ agencies. These latter activist agencies are also not accountable to parents and government. Kenney and Smith governments have allowed the situation to continue. Click here to access information on the Alberta GSA Network. The “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain. acts as an unregulated ideological, and non-transparent influence portal into our education system. For example, click here for the altView Foundation agency serving Alberta. No advocacy chain/instrument or voice exists in the education system to affirm/promote heteronormative sexuality and gender development of our youth.

Students, starting at age five, have the right to declare a sexual orientation/gender identity (SOGI) self-identity to their school, secretly and independently from parental knowledge and consent.

Teachers and school staff during Prentice, Notley, Kenney, and Smith eras are directed to continue the GSA membership and SOGI self-identity deception of uninformed parents. Click here for an explanation why the UCP policy of asking teachers to voluntarily break “secrecy” in a health emergency is a flawed policy that puts children at risk.

The result has been extraordinary growth in Alberta children declaring sexuality/gender confusion and/or self-identifying as LGBTTTPQQAI+ (Lesbian, Gay, Bisexual, Transgender, Transsexual, Two-Spirit, Pansexual, Queer, Questioning, Asexual, Aromantic, Ally, Intersex, etc.…). Click here for the latest Edmonton public schools SOGI survey results. Click here for additional analysis of the escalating levels of gender clinic referrals, sexuality confusion, and LGBTTTPQQAI+ self-identification among youth.

Another calamitous result has been extraordinary erosion of historic parent child-rearing powers, rights, and responsibilities, and ever mounting parental discord and public protest. Parents have lost their voice/influence in the sexuality and gender development of their children. Click here for a summary of parent concerns. Click here for the childrearing rights of parents, declared in Alberta Family Law Act s.21 (5 and 6), and now in disarray by current GSA and SOGI governance.

With passage of time and build-up of evidence, parents across Alberta are concluding these unprecedented and expansive statistics are not indicative of new normal/natural/healthy demographics, resulting from recent relief from centuries of societal oppression. Rather these figures are the outcome of high and chronic levels of sexual and gender confusion and experimentation among youth. Moreover, these realities are the result of premature early ideological indoctrination, State affirmative action overreach, and secret “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain” influence.

2 - Five Prime Objectives in a Comprehensive Governance Remedy

A comprehensive governance remedy should have the following objectives:

Protect Parental Oversight Rights. All parents, whether with confused/wavering, straight, or LGBTTTPQQAL+ identifying children, have the right to know who is influencing their children’s sexuality and gender development, where and when this is happening, and what their children are being told and doing while at school and in association with the “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain.”

End Invisibility and Ensure Oversight and Accountability. The “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain” cannot remain unaccountable to and beyond practical oversight of Alberta Education. The chain, starting with the student clubs, and including all adults associated with the three-part portal, must be accountable to government at school, district, and provincial levels. The clubs must have an approved constitution, which is public to students, parents, and school staff. Club activities/events must also be made public and be institutionally supervised.

Affirm That Parents Know Their Children Best by Clarifying Two Key Parental Consent Authorities. Children (students) ages 5 to 15 must obtain written parental consent before they become a member of a GSA or provide a sexual orientation/gender identity (SOGI) self-identification to their school.

Resolve Conflicts Between Parents and State Over Best Interests of a Child in the Courts. Note at age 16 it is legal for children to leave home, get a tattoo, take employment, quit school, and/or make some medical decisions without parental consent. Traditionally, children under age 16 require parental approval (written or verbal) for most non-family child–adult interactions/relationships, i.e. school registration, attendance at girl guides, scouts, church activities, athletics, etc. The governance premise should be “parents know better than all others what is in their child’s best interest until proven otherwise.” In cases where appropriate love, oversight or nurture is in doubt, there are existing laws and procedures articulated in Alberta family and child welfare legislation, which mandate parents and accusers to have their day in court. In this context, to grant students under age 16 secret GSA membership and SOGI self-identity independent of parent knowledge and consent, and to empower school staff to further deceive parents in these matters both thwarts oversight/consent powers granted to parents in Alberta Family Law Act s.21 (5 and 6) and disenfranchises parents from their right to fair/just arbitration before a court.

Re-establish that Alberta Education is mandated to deliver authorized “academic curriculum” in a safe environment. The education system is not equipped/qualified/organized to safely take over child-rearing and child welfare service roles for children "secretly" SOGI self-identifying and/or attending GSA/GSA Network activities. When physical, mental, and psychological crises occur at school, ultimately the child’s parents are left with follow-up responsibility to Alberta Health Services or Alberta Children and Family Services. To fully understand Alberta Education non-readiness to support/assist or take on parenting roles in a medical crisis read, Eva Ferguson, Calgary SUN, “CBE takes heat for response to junior high students’ messages about suicide,” 21 Jan 2018. As reported, the mother was “ ...told that a mental-health issue is an Alberta Health issue” and “the CBE basically threw their hands up in the air.” Additionally, unless specifically declared in authorized curriculum, Alberta Education (e.g. Alberta Teachers’ Association) should not take upon itself the objective of “eradicating homophobia,” and conducting “political activities” to move students beyond tolerance of sexual minority students to celebration.

3 – An Explicit Parents’ Bill of Rights to be Declared in the Alberta Education Act

Key Education Act definitions.

“Independent student” includes students 18 years of age and older, or 16 years or older and a) living independently as determined by a board in accordance with section 6 of the Alberta Education Act, or b) a party to an agreement under Section 57.2 of the Child, Youth and Family Enhancement Act, are considered “independent” under the Education Act. Any student 18 years of age and older or 16 years of age and older and considered legally “independent” as defined above, may register in an Alberta school without parental consent (Education Act s.6).

“Dependent student” includes all students not eligible for “independent” registration. The dependent student registration form must be completed in its entirety by a legal guardian or parent for each kindergarten to grade 12 student.

Key Education Act parental rights.

Explicit parenting rights regarding their child’s (i.e. dependent student’s) education follow. Note the clarification of rights needed for rational, fair and balanced compliance with Alberta Family Law Act s.21 (5 (a & b) and 6 (a, c, d, e, g, & h) and existing Education Act s.35.1 and s.58.1 are highlighted in “bold text.” The remaining rights are taken from Premier Moe’s Saskatchewan Parents’ Rights Bill model.

Subject to the other provisions of the Education Act, a parent or guardian of a dependent student has the right to:

act as the primary decision-maker with respect to the student’s education;
be consulted before any medical or dental examination or treatment is provided to the student;
receive notice in accordance with Education Act “Notice to Parent” (s.58.1) or the new opt-in policy at least two weeks before the instruction or exercises are executed;
know who is influencing their children’s sexual and gender development, where and when this is happening, and what their children are being told and doing, including in a GSA club and/or the GSA Network;
provide written consent before the student becomes a member of a Gay-Straight Alliance (GSA) or attends a GSA club or GSA Network event, if the student is under 16 years of age;
know that Alberta Education is exercising adequate oversight and accountability for all GSA club and GSA Network activities;
know the GSA club, school approved, constitution and know of key GSA activities and events;
provide written consent before the student provides a sexual orientation/gender identity (SOGI) self-identification to the school, including giving consent to social transitioning such as accessing opposite sex washrooms and change areas, if the student is under 16 years of age;
resolve child welfare disputes with the State through adjudication before an Alberta court;
be informed on a regular basis of the student's attendance, behaviour and academic achievement in school;
consult with the student's teachers and other employees of the school with respect to the pupil's courses of study and academic achievement;
have access to the student’s school file;
receive information respecting the courses of study available to the pupil, including online learning, and to make decisions as to which courses of study the student enrolls in;
be informed of the code of conduct and administrative policies, including discipline and behaviour management policies, of the school;
be informed of any disciplinary action or investigation taken by the school in relation to the student’s conduct;
if the student has been expelled from school, request a review and reconsideration of the expulsion after the expiration of one year;
be informed and consulted in relation to the student’s school attendance problems;
be consulted in or request a review in relation to the student’s capacity to learn; and
be a member of the school community council.

4 – Shortcomings of Premier Smith’s “Parents’ Bill of Rights” Remedy

On 31 Jan 2024, under the theme of an Alberta “Parents’ Bill of Rights” Premier Smith made several announcements (see Ref. A or click here for full analysis details).

Transgender Medical Procedures and Treatment/Surgery Restrictions for Health Minister Implementation

Several of the Premier’s declarations had to do with protocols for transgender treatments and surgeries. She confirmed new and reaffirmed existing age restrictions on transgender medical procedures. Most protocols are status quo practices in effect across Canada. The Alberta threshold for mastectomy rose from age 16 to 18. Minors aged 16 and 17 may commence hormone treatment if deemed mature enough to make the decision and they have parental, physician, and psychological approval. She also declared a commitment to improve Alberta-based access to transgender medical counselling and related surgery. Note as positive as these declarations are, they are not Alberta Education matters, but rather policies to be implemented within Alberta Health Services. Moreover, these declarations make no commitment to addressing why transgender clinic referrals have gone up exponentially and why 75% of referrals are trans-male. These declarations do little to alleviate parental concerns over eroded rights and rampant gender confusion among youth.

New Policies and Procedures Applicable to Alberta Education and the Parents’ Bill of Rights

“For a minor aged 15 and under, the government will require parental notification and consent for a school to alter the name or pronouns of a child. For 16 and 17-year-olds who choose to alter their name or pronoun, parents do not need to give consent but must be notified.”

The utility of this policy as a new “parental rights” advisory/consent trigger, now empowering parents with previously “lost awareness and influence” in the gender development of their children, is questionable for a number of reasons:

Children may identify as transgender, pansexual, transexual, genderqueer, intersex, bigender, gender fluid, polygender, bisexual, non-binary, asexual, queer etc. without wanting or needing to change their name or pronoun usage.

According to Good Housekeeping there are 150 first names that are gender-neutral.

The UCP AGM 2023 rationale for the name/pronoun change policy reads in part: “Schools should not be in the business of going behind parents’ backs.” However, if no name change is requested, the policy still leaves parents in the dark and teachers/school staff empowered to deceive parents about their child’s gender identity at school.

The Alberta Change of Name Act states the individual applicant must be at least 18 years of age and rules for parents/guardians to change a child’s (minor’s) name are established. Regarding students 16 and 17 years old, who in the school system has the authority to decide the name change is approved and that the student’s parents have no choice but to accept the decision? What are the institutional criteria for making such a decision, without regard to the student’s parents?

This announcement is not about a timely advisory to parents revealing the transgender-trending status of their child. Rather it is a political solution to the clear ethical and legal liability dilemma of the State authorizing school staff and the child to deceive parents about the “official” school recognition of a name change and thus “official” recognition of the transgender self-identity of the student. The government needs to clarify who is liable should a child be harmed at school related to a transgender identity, kept secret from the parents. The government also needs to clarify among the Transgender, Transsexual, Two-Spirit, Pansexual, Queer, Asexual, Aromantic, and Intersex etc. identifying students, what identity labels and at what ages students will be given access to male or female washrooms and change facilities, in contrast to their birth biological sex. It is not clear whether parents will be informed or asked for their consent to approve a son or daughter using opposite sex facilities.

“Furthermore, all third-party resource materials or presentations related to gender identity, sexual orientation or human sexuality in our K-12 school system will need to be preapproved by the Ministry of Education to ensure that the materials are age appropriate.”

Regarding this declaration, there is no clarity on whether Alberta Education will now oversee and take responsibility for vetting the resource materials or presentations given by the Gay-Straight Alliance (GSA) Network and associated LGBTTTPQQAI+ affinity agencies and activists.

“When it comes to classroom instruction on subject matter involving gender identity, sexual orientation or human sexuality, we will be requiring parental notification and an opt-in requirement for each instance a teacher intends to give formal instruction on these subjects.”

Regarding human sexuality instruction, if the government adequately enforced the existing Parental Notice opt-out legislation (Education Act, Sections 58.1) in our schools this new declaration would be unnecessary (click here for more details). If the “opt-in” protocol is not widely enforced, it too will be of low utility. Does this policy apply to the “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain”? It must.

“We encourage all teachers, parents, classmates, and youth volunteers to be on the watch for any instances of bullying of youth or children for any reason so adults can assist with putting a stop to it the moment it is detected. We know that nearly all parents, even those who may disagree with the decision of their children, will love and care for their children no matter what choices they make. However, in a handful of rare situations where one or both of the parents reject or become abusive to a child who identifies as transgender, we have child protection laws that will be strictly enforced.”

Bullying in all forms need to be exposed and stopped. The government needs to be equally committed to ending negative peer pressure in GSA clubs. Lucia Corbella’s article in the Calgary Herald, “Corbella: Couple warns their daughter could have died under new GSA law” is an excellent read for a lesson in harmful unsupervised peer pressure inside a GSA club. Dr. Lisa Littman, specialist in gender dysphoria at Icahn School of Medicine at Mount Sinai, New York, reports on a phenomenon she titles “Rapid Onset of Gender Dysphoria (GD) in Adolescents and Young Adults (AYAs).” The development occurs in the context of being part of a peer group where one, multiple, or even all friends have developed gender dysphoria and come out as transgender during the same timeframe. She comments on why this is happening: “The worsening of mental well-being and parent-child relationship, peer group dynamics, and behaviors that isolate teens from their parents, families, non-transgender friends and mainstream sources of information are particularly concerning.”

GSA clubs are ripe for peer pressure and bullying. Who in the “Minister - School Board – Superintendent – Principal – Club Liaison - Teacher chain” has accountability and oversight authority regulating the peer-led GSA clubs and adult-run GSA Network? The answer currently is no one. The staff “liaison” as detailed in (Education Act, Sections 35.1) is not this person. He/she is only an aid/facilitator upon request of the students.

5 - Parental Consent Alberta Concluding Remarks

Alberta’s parenting rights issues and children’s health concerns are much more grievous, and are not resolved through a parental consent right to “name change and pronoun usage” in schools, for students ages 5 to 15. Alberta parents want to know if they have the right to influence their children’s sexuality and gender development along a parent preferred path or must parents affirm a child’s sexual orientation and gender identity (SOGI) self-identity regardless of the child’s age, maturity, and psychological/medical history? Premier Smith must clarify by legal standard at what age it is safe, indeed in the best interests of the child, to give students full secrecy and complete independence from parental oversight and consent, regarding: (1) who they associate with in the “GSA Club - GSA-Network – LGBTTTPQQAL+ - Activist Chain;” and (2) when they can decide and give a sexual orientation or gender identity to their school. Any Bill of Rights that does not clarify the governance in these matters fails Alberta parents and puts Alberta children at risk.

Thank you so much for your time and consideration.

Carman Bradley

Grandfather and Founder Parental Consent Alberta