Rainbow Health Ontario is committed to building a health care system where 2SLGBTQ+ people can access affirming and equitable care. This commitment is why recent developments in Alberta demand the attention of every healthcare provider in Ontario. These actions represent not only an immediate crisis for trans youth in that province but a direct threat to the foundations of equitable health care for everyone in Canada.
What is Happening in Alberta?
Last fall, the Alberta government passed laws targeting trans and gender-diverse youth. These policies included a ban on gender-affirming medical and surgical care for youth, a move that directly contradicts the overwhelming medical consensus. While the surgery ban took effect immediately, a court injunction has temporarily blocked the prohibition on medications like puberty blockers and hormones.
The situation escalated with the recent leak of a memo showing the Premier’s office plans to re-pass all these laws using the notwithstanding clause. If invoked, this clause would effectively legislate an end to gender-affirming care for most trans youth in Alberta, removing any possibility of a Charter-based appeal.
Why This is a Critical Issue for Ontario Healthcare Providers
The immediate consequence would be devastating for trans youth, their families, and their healthcare providers in Alberta. However, the implications extend far beyond Alberta’s borders. This action sets a dangerous and scalable precedent.
It undermines clinical autonomy and expertise.
Using the notwithstanding clause to enforce a ban on a specific, evidence-based medical treatment is an unprecedented political intrusion into clinical practice. It prioritizes ideology over clinical guidelines, expert consensus, and the patient-provider relationship.
It threatens healthcare for all.
This precedent creates a template for banning any politicized healthcare. If one government can ban a treatment this way, it becomes easier for others to follow, potentially targeting services like reproductive care or vaccinations. This undermines the professional autonomy of all providers and the rights of all patients to evidence-based care.
What Can We Do?
History shows that public outrage is the most effective check on the misuse of the notwithstanding clause. In 2022, the Ontario government repealed legislation using the clause after facing massive backlash. Even if Alberta proceeds, we must show our government that this dangerous precedent is unacceptable.
Here’s how you can take action:
- Amplify Advocacy Voices: Follow and share statements from organizations like Egale Canada and Skipping Stone, and the Canadian Medical Association on your professional and personal social media channels.
- Engage in Political Advocacy: Contact your MPP and MP. Express your concern as a healthcare professional about the use of the notwithstanding clause to ban healthcare.
- Join our Trans Health Mentorship Call for peer support and learning. Attendees will also receive an invitation to our free Anti-Trans Landscape in Canadian Health Care webinar.
- Share Accurate Information: Help counter misinformation by disseminating facts. Helpful resources include:
- Managing Anti-Trans Harassment for Health Care Providers
- Countering Anti-Trans Hate for Health Care Providers (Part 1 and Part 2)
- Egale’s Understanding and Combatting Mis/Dis/Malinformation
The situation in Alberta reminds us that equity is fragile. Defending 2SLGBTQ+ rights and our healthcare system’s integrity requires our active, vocal engagement. By standing together, we can ensure affirming care remains accessible for everyone in Canada.
To our Alberta readers: This news is frightening, but the fight is not over and access to care has not yet been lost. Exemptions allow youth already receiving care to continue, and 16- and 17-year-olds to access prescriptions with approval from a parent, physician and psychologist. Contact your healthcare provider for details specific to your care.