Lawsuit in works over sex surgery

Calgary Sun, Canada
April 13, 2009

Lawsuit in works over sex surgery
Transgendered demand province reinstate funding

By TARINA WHITE AND CLARA HO, SUN MEDIA

Calgarian Niqolai Gryphon is considering legal action against the
province after it announced it would no longer fund sexual
reassignment surgeries.

The 21-year-old, who has spent the last three years transitioning from
a woman to a man, is also planning to lodge a human rights complaint.

"For me, and for many other trans people who haven't had access to
surgery yet, this could mean giant cases of discrimination," said
Gryphon.

"We're going to fight this."

Meanwhile, an Edmonton businesswoman is spearheading a class action
lawsuit against the Alberta government's decision to cut the funding
to save about $700,000 in the provincial budget.

Sarah King said she will bring the case to court on Wednesday in hopes
of first obtaining an injunction that will force the province to
approve funding for everyone on a gender reassignment surgery waiting
list. The next move will be to fight to have the funding relisted, she
said.

Currently, there are more than 16 people represented in the lawsuit --
and that number continues to grow by the day, said King, who was
recently notified that funding for her own gender reassignment
surgery, scheduled for January, had been cancelled.

"By delisting gender reassignment surgery, the government is
performing capital punishment or execution on that person," said King,
citing examples of transgendered individuals hurting themselves
because of their gender identity disorder.

Gryphon said he hasn't joined the lawsuit because he doesn't yet know
whether he will be denied sexual reassignment surgery.

"All of us are uncertain where the province will be cutting off the
funding -- are they going to be cutting it off for people who have
been approved already?" he said.

Gryphon, who has been on a waiting list for the surgery since
February, said its a poor financial decision on the part of the
province.

"It's going to be way more costly to fight the human rights complaints
that are going to be lodged and the potential class action lawsuit
than it would be to fund the surgeries," he said.

A Calgary woman, who has spent the past four years transitioning from
a man, said she's planning to join the class action lawsuit if she is
denied surgery.

"This is medically necessary -- it's not like cosmetic surgery like a
boob job," said the 24-year-old, who didn't want her name printed.

TARINA.WHITE@SUNMEDIA.CA
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