Three N.W.T. candidates oppose Alberta's youth gender-affirming care ban

Three N.W.T. federal candidates say they would protect N.W.T. residents' access to gender-affirming care in light of Alberta's Bill 26, which prohibits doctors from treating youth under 16 with puberty blockers and hormone therapy.

"I think it is important that this is on the federal agenda because it's lifesaving care," said Chelsea Thacker, the executive director of Northern Mosaic Network, a Yellowknife-based 2SLGBTQ+ organization that recently polled candidates on issues like housing, health access and Bill 26. 

They said N.W.T. gender-affirming care already involved long waits and is in a "dire" state. Youth must travel to Alberta, where Thacker said there is now "concerning rhetoric" framing parental rights as superseding youth access to health care.

N.W.T. Liberal candidate Rebecca Alty, NDP candidate Kelvin Kotchilea and Green Party candidate Angela Davidson, also known as Rainbow Eyes, said they would support gender-affirming care.

Conservative candidate Kimberly Fairman's spokesperson Jenn Phillips declined CBC's request for an interview but said the messaging from campaign headquarters is to maintain "status quo."

'Affects my children directly'

One N.W.T. parent seeking care for her transgender children said Bill 26, which has received royal assent but has not yet been proclaimed, "affects my children directly."

CBC agreed not to publish this parent's name because they said they have faced targeted transphobic threats against their family.

N.W.T. youth are usually referred to a pediatric endocrinologist who can recommend them to gender clinics in either Calgary or Edmonton to access puberty blockers and hormone therapy, they said.

Going outside Alberta for care demands a "strong case," they said.

For some transgender children, going through puberty changes that don't match their gender "can bring on some serious psychological issues, anxiety, depression, body dysmorphia, which could lead to self-harm and to suicide," the parent said.

Five Alberta families with gender-diverse children sought a court injunction and constitutional challenge to Bill 26, said Bennett Jensen, a lawyer for Egale Canada, a national charity that advocates for LGBTQ rights.

In March, Alberta's government lawyers argued hormone treatments are "not medically necessary" and the bill would "protect the health, safety and long-term choices" of youth.

Jensen said Bill 26 violates equality rights because cisgender youth are not targeted by the ban. He argues state actions preventing treatment for gender dysphoria violate Charter protections from "cruel and unusual" treatment and the right to security of the person.

Aside from puberty blockers and hormone therapy, the bill also bans surgeries youth are not receiving — top surgeries are not performed on youth, except in rare cases for older teens, he said.

For youth, bottom surgeries are "not happening, period," said Jensen.

Federal candidates weigh in

In response to the Northern Mosaic Network's survey, Alty said she would remove barriers to programs and services for northerners.

Alty said she would defend "against the political attacks targeting the 2SLGBTQIA+ community" and that she "completely" opposes Bill 26.

Kotchilea told CBC "it's very unfortunate provinces like Alberta are rolling back on these health services when it comes to transgender treatment."

He said he recently spoke with a 19-year-old living in an N.W.T. community outside Yellowknife who is "very concerned" with the rollback on their rights.

"We have constituents that want to tap into the service. We have the right to dignity, and respect and choices," said Kotchilea, who added he would support gender-affirming care under the Canada Health Act.

Davidson said N.W.T. youth should be able to access gender-affirming care closer to home.

She said Bill 26's restricting of health care access is discriminatory, "wrong," and comparable to abortion bans.

Though Fairman did not agree to an interview, federal Conservative Leader Pierre Poilievre has said in the past minors should not have access to puberty blockers.

Alberta Premier Danielle Smith has said the bill protects a person's fertility options in adulthood, which Jensen said is a misconception because puberty continues once puberty blockers are stopped. The bill also includes an exception if a ministerial order is issued to allow a youth to be prescribed puberty blockers to treat gender dysphoria or gender incongruence.

N.W.T.'s role in care provision

Thacker said two-spirit and Indigiqueer people in the N.W.T. face a "lack of safety" which makes it difficult to access their cultures or live authentically with limited access to health care access, housing, disability justice and addictions care.

Andrew Wind, spokesperson for N.W.T. Health and Social Services, said the Northern Mosaic Network and University of Manitoba are interviewing patients and providers on N.W.T. transgender health care guidelines.

The territorial government will consider forthcoming recommendations from that research, he said. The territorial government could not provide numbers of residents seeking gender-affirming care.

It will not seek intervenor status in the case challenging Bill 26 and has not changed its provision of gender-affirming care since the bill was passed, said Wind.

Thacker said while it's difficult to measure, there are over 200 people in Yellowknife alone wanting gender-affirming care.

The N.W.T. parent said those who oppose transgender health care should reflect on whether it truly affects them personally for someone to use their chosen name, a different pronoun than they're used to, or to seek medical care.

"Don't we all want to be able to live in a world where we can live our lives … true to ourselves, without fear of harassment, discrimination and violence? I think we all want that. We all certainly deserve that," they said.