Calgary Sun, Canada

Fri, April 10, 2009

Transsexuals gear up for fight

Decision to cut funding for sex reassignment surgery appears bound to
fail in courts

By ANDREW HANON

EDMONTON -- "This," says Kris Wells, "could be the next Vriend case."

The provincial government is about to drag all Albertans into yet
another costly, shameful and needless legal battle -- this time over
the decision to stop funding sex-change surgery.

And like the landmark Delwin Vriend Supreme Court case that forced
Alberta to protect gays in its human-rights legislation a decade ago,
or former premier Ralph Klein's pigheaded -- and ultimately futile --
fight with Ottawa over same-sex marriage, this is one the government
cannot win.

After all, last year Ontario was forced to reinstate funding for
sex-change surgery after losing a human-rights case.

The Alberta government politicians insist their decision wasn't based
on morality. They say they had to "de-list" the service in order to
save about $700,000 in the provincial budget.

Yeah, right.

Yes, that's the same budget that will see overall program spending
hiked $1.1 billion and a total deficit of $4.7 billion, the most
profligate in Alberta history.

Activists are already fighting back, first with political pressure,
then through human rights complaints and if necessary, all the way to
the Supreme Court of Canada.

Wells, of the Institute for Sexual Minority Studies and Services at
the University of Alberta, said a campaign is underway to pressure a
government health committee, which will make the final decision on
whether to cut the program next week.

Meanwhile, others are planning to flood the Alberta Human Rights
Commission with complaints.

Failing that, there's always another court challenge based on the
Charter of Rights.

"Often it's only a matter of time before the right person comes
forward and is willing to litigate for change," Wells says.

Dr. Lorne Warneke, the only psychiatrist in Alberta who specializes in
transgender issues, says it's a common misconception gender
reassignment is elective surgery and shouldn't be tax funded.

"It's not. It's a well-known condition that people are born with," he
says, adding that if left untreated, it "can cause tremendous
psychological anguish and distress."

Warneke, who runs the transgender clinic at an Edmonton hospital, was
not consulted or even notified that the funding would be cut.

Up to now, he's approved 16 people a year for the surgery, which is
usually performed in Montreal.

Alberta Health has said anyone who has had their funding approval will
still get the surgery, but Warneke said at least 16 of his patients
have been caught in a limbo where he's approved them but the
government hadn't yet green-lighted the funding.

Then there are dozens of others who've begun the long assessment
process -- which includes hormone treatments and living for at least a
year as the opposite sex.

"I'm completely screwed," says Jan Lukas Buterman.

Buterman, a 40-year-old teacher, began the process in 2007 and lives
as a man. "My surgery and follow-up treatment will cost about
$60,000," Buterman says. "How do you save up for that?"

For many transsexuals, borrowing is out of the question because
discrimination keeps them underemployed.

Buterman's driver's licence has him listed as female, and can't be
changed until he completes all surgery. "So now, if I go to a store
and try to pay with a credit card and they ask for ID, I have to show
them this," he says.

At best, it's embarrassing. At worst, he can be accused of having a forged ID.

ANDREW.HANON@SUNMEDIA.CA
Copyright © 2008, Canoe Inc. All rights reserved.

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