Showing posts with label Human Rights Complaint. Show all posts
Showing posts with label Human Rights Complaint. Show all posts

Tuesday, April 28, 2009

Alberta will have trouble with its sex-change policy

From: Stephanie Stevens
Guelph Mercury, Canada
Alberta will have trouble with its sex-change policy
April 28, 2009
Janet Keeping

The government of Alberta recently announced that public funding for
sex reassignment surgery will be eliminated to save about $ 700,000 of
a roughly $13-billion annual health care budget.

Concern about the size of provincial expenditures on health is
legitimate, but removing funding for sex reassignment surgery is not.
Why? Because it is always wrong to single out a much persecuted
minority -- in this case, transsexuals -- for a deprivation unique to
them.

The delisting is almost assuredly contrary to Alberta's human rights
legislation, the Human Rights, Citizenship and Multiculturalism Act,
and thus illegal. Trying to justify the delisting, Alberta's Minister
of Health and Wellness Ron Liepert noted that only about 20 people
will be adversely impacted.

This is irrelevant. It is precisely to counter the tendency of
majorities to make decisions that oppress minorities, such as
transsexuals, that we have human rights laws in the first place.

Complaints have already been filed with the Alberta Human Rights
Commission. A similar complaint was filed in Ontario when funding for
sex reassignment surgery was eliminated there. The Ontario government
lost that complaint and had to reinstate funding for the surgery.

Alberta Finance Minister Iris Evans has been quoted as saying "she was
not aware of the Ontario human rights case." Lindsay Blackett,
minister responsible for the Alberta Human Rights Commission, has
admitted that the Ontario experience was not mentioned when the
decision to eliminate sex reassignment surgery funding was taken. It
would seem impossible, but sadly is not: the Alberta government
delisted the surgery without knowing the move is almost assuredly
contrary to its own human rights law.

And does the Alberta government not see the parallels with the Delwyn
Vriend case? Vriend lost his job and filed a complaint with the
Alberta Human Rights Commission alleging he was dismissed because he
is gay. The commission refused the complaint, noting that the wording
of Alberta's human rights law does not include "sexual orientation" as
an illegal ground of discrimination. Alberta courts agreed, but the
Supreme Court of Canada did not. In 1998 it ruled that, given the
constitutional guarantee of equality in the Charter of Rights and
Freedoms, gays could not be excluded from the protections offered to
other groups by anti-discrimination legislation. Even though Alberta
law does not state that "sexual orientation" is an illegal basis of
discrimination, it is.

The same will be true of "gender identity." Even though these words
are not mentioned in Alberta's human rights statute, gender identity
discrimination will be declared illegal by the courts, and the
reasoning will be exactly parallel to that in the Vriend case.

So the delisting of sex reassignment surgery will be reversed. If
sooner, money will be saved. If later, after the courts have forced
reversal, much money will have been wasted -- as was the case when the
Alberta government fought the Vriend case all the way to the Supreme
Court.

As other commentators have noted, the sex reassignment surgery funding
case is one "the government cannot possibly win."

In any event, the amount of money saved by delisting the surgery is
trivial given the enormity of the health care budget -- $700,000 of
$13 billion. This works out to 19 cents annually per Albertan.

Some commentators suggest that even the $700,000 saving would never be
realized. Transsexuals denied sex reassignment surgery -- a procedure
deemed necessary by the medical profession -- will almost assuredly
require other medical services, such as additional psychiatric care.

So, this funding cut is not about saving money. If it's really true
that health care expenditures need to be trimmed, ways could be found
to reduce costs equitably, for example, by funding only partially some
services which are now funded fully.

Or contrary to all logic and ethics, the Alberta government could do
as it plans and deprive a small number of Albertans of surgery they
desperately need and, in the result, probably save nothing.

Janet Keeping Is President of the Sheldon Chumir Foundation for Ethics
in Leadership. Troy Media Corporation

© Copyright 2008 Metroland Media Group Ltd. All rights reserved.
http://news.guelphmercury.com/Opinions/article/473584

Wednesday, April 15, 2009

Alberta government facing human rights complaint over sex change funding

Prince George Citizen, Canada
Alberta government facing human rights complaint over sex change funding
Written by Jim Macdonald, THE CANADIAN PRESS
Tuesday, 14 April 2009

EDMONTON - A battle in Alberta over funding for sex change operations
took a new twist Tuesday with a surprise announcement that the
province will fund 48 of the surgeries before cutting off government
funding.

Health Minister Ron Liepert caught about a dozen transsexual
protesters off guard when he announced that he didn't think it was
fair to strand people who had been preparing for years to have a sex
change.

So 28 people who are in varying stages of the sex change procedure
will get funding to finish their surgeries, while 20 others who have
been paying for hormone treatments in advance of the surgery will also
get government funding, said Liepert.

"It would not be right for us to say, 'Well, you spent all this money,
but we're now going to change the rules,"' the minister later told
reporters.

Jamie-Lynn Garvin, 47, who has been involved in the sex change process
for more than three years, was shocked by the minister's announcement.

"It's a $40,000 announcement for me," said Garvin. "But I've heard a
lot of things come out of politicians' mouths and I don't know if this
is true or not."

But Liepert's motives were being interpreted in a very different light
by a group preparing to file a human rights complaint Wednesday in
hopes of blocking the decision in the recent Alberta budget to end
funding for sex changes.

Jordenne Prescott said the Ontario government's 1998 decision to
eliminate funding for sex changes was overturned by the province's
human rights commission.

They were hoping to use this as a precedent in the Alberta human
rights case. But a key factor in the Ontario ruling was the fact that
people who had been preparing for a sex change were left stranded.

Liepert has now "grandfathered" most Albertans waiting for sex change
procedures, so those behind the Alberta human rights complaint may no
longer be able to use the Ontario ruling as a precedent.

"Essentially, it was a very smart move on his part," said Prescott,
who is among those waiting for a sex change. "It does not gut the
complaint entirely, though."

Kristopher Wells, a researcher with the Institute for Sexual
Minorities Studies and Services at the University of Alberta, said the
complaint will now argue that Alberta's funding cut is simply
discriminatory.

"People in the community may also seek a civil injunction against the
government until the courts rule whether this was a discriminatory
action or not," said Wells.

There has also been talk in Alberta's transgendered community of a
class-action lawsuit claiming damages for the lost government funding,
he said.

Liepert explained that he decided to approve additional sex-change
funding after hearing media reports about the impact the cut would
have on people who have spent years preparing for the procedure.

"That decision seemed to be the right one to make and I made it today," he said.

But the minister could not say how much these additional surgeries
would cost, but the price of a sex change usually ranges from $17,000
to $70,000.

http://www.princegeorgecitizen.com/20090414186735/wire/national-news/alberta-government-facing-human-rights-complaint-over-sex-change-funding.html

Cutting sex-change coverage necessary, says Alberta health minister

Edmonton Journal, Canada
Cutting sex-change coverage necessary, says Alberta health minister
By Trish Audette, edmontonjournal.com
April 14, 2009 3:04 PM

EDMONTON — Health Minister Ron Liepert wondered Tuesday whether
Alberta needs an expert panel to determine what is medically necessary
as his government continues to make "tough decisions" about what
should be covered by the province.

During Tuesday's question period, about three dozen people who support
the province's transgendered community — or who themselves are waiting
for gender reassignment surgery— sat in the legislature's public
gallery and listened to Liepert explain that the medical procedure is
not the only service being cut.

He confirmed the 26 Albertans currently in line to undergo gender
reassignment will have their surgeries covered by the province, and 20
more people on the verge of being approved will also be covered.

Beyond that, however, Liepert stuck to the province's plan to cut
$700,000 from health care spending by ending the coverage of gender
reassignment surgeries.

"Unless we get a handle on expenditures, we won't have a publicly
funded health care system," he said.

The transgendered community was blindsided by the province's decision
to cut the program last week. For individuals, the costs of gender
reassignment surgery can amount to as much as $80,000.

Liepert has said the decision was not political, but a matter of a
line-by-line analysis of spending.

The other major cut to public health care spending was $53 million,
saved by cutting funding to chiropractic services.

"Our interest, of course, is to be here as peaceful witnesses to this
issue," said Jan Lukas Buterman, who was among the people who met on
the legislature's front steps before question period.

On Wednesday, members of the transgendered community are expected to
file human rights complaints in Calgary and Edmonton.

taudette@thejournal.canwest.com
© Copyright (c) The Edmonton Journal
http://www.edmontonjournal.com/Health/Cutting+change+coverage+necessary+Liepert/1495792/story.html

lberta government facing human rights complaint over sex change funding

The Canadian Press, Canada
[4/14/09]

Alberta government facing human rights complaint over sex change funding

EDMONTON — The Alberta government is facing a challenge over its
decision to stop paying for sex-change operations.

Several members of the transsexual community plan to file a complaint
Wednesday with the province's human rights commission. The government
announced in last week's budget that it would no longer pay for sex
changes, but now Health Minister Ron Liepert says roughly four dozen
of the operations will still be covered.

He told the legislature funding will be given to 26 people who were
already approved for the surgery, plus another 20 who were waiting for
approval.

Several sex-change candidates said outside the assembly that the
operation is unaffordable without government help.

The opposition parties say a similar funding cut in Ontario was
overturned by the province's human rights commission.

Copyright © 2009 The Canadian Press. All rights reserved
©2009 Google
http://www.google.com/hostednews/canadianpress/article/ALeqM5g0r1mWfPwdfKamgp_GsVyKDWHQpQ

Alberta government facing human rights complaint over sex change funding

The Canadian Press, Canada
[4/14/09]
Alberta government facing human rights complaint over sex change funding

EDMONTON — The Alberta government is facing a challenge over its
decision to stop paying for sex-change operations.

Several members of the transsexual community plan to file a complaint
Wednesday with the province's human rights commission. The government
announced in last week's budget that it would no longer pay for sex
changes, but now Health Minister Ron Liepert says roughly four dozen
of the operations will still be covered.

He told the legislature funding will be given to 26 people who were
already approved for the surgery, plus another 20 who were waiting for
approval.

Several sex-change candidates said outside the assembly that the
operation is unaffordable without government help.

The opposition parties say a similar funding cut in Ontario was
overturned by the province's human rights commission.

Copyright © 2009 The Canadian Press. All rights reserved
©2009 Google
http://www.google.com/hostednews/canadianpress/article/ALeqM5g0r1mWfPwdfKamgp_GsVyKDWHQpQ

Tuesday, April 14, 2009

There are a number of ways to get involved.

Update Monday April 13th
There are a number of ways to get involved.
___________________________________

1. Tuesday, April 14th, 2009
1:00pm - 4:00pm at the Alberta Legislature (901 9718 107th St)

We will have a contingent attending Question Period in anticipation of GRS coming up during the budget debate. Question Period to discuss the Provincial budget begins at 1:30 at the Legislature Building. We would like a strong showing of people attending in the gallery, so if you are at all able to attend, please do.

We would also like to have people onhand for distributing brochures and information, to create awareness to the public of who we really are and why GRS is necessary.

We ask that people be respectful and put our best face forward as much as possible.

QUESTION PERIOD – TUESDAY, April 14
Question Period is from 1:30 to 3:00 with the actual question part of it from 1:50 to 2:40pm. If you wish to attend Question Period you MUST get a security pass through your MLA or by calling Visitor Services. You should be prepared to be on-site by no later than 1:15pm as it takes some time to get through security and find a good seat. You can leave at any time.

Laurie Blakeman has asked for a question spot, however, those decisions are not made until late morning in the Liberal caucus meeting. So a question cannot be guaranteed, but there is a STRONG possibility that a question will be asked on Tuesday.

Says Michelle:
"There is limited seating inside, but it more important we make a show so they can see the people they are affecting and the people who support us. We can all gather on the south side of the legislature main fountain/pool between 12:30-1:30. I would assume this could be an all afternoon event. Remeber parking is limited, but there is LRT right to the leg grounds. Please dress accordingly as this is the legislature not a park party."

And from Laurie Blakeman's Office:
"I'm Tamara Gorzalka, I run Laurie's Facebook for her. I will pass on your questions and answer the ones that I can answer.

Last time I went to the gallery, I had to sign in and get a pass at the front door. Then I went upstairs to the gallery entrance where security is. No electronics or bags are allowed in the gallery and they take everything and put it away for you there. Then you have to go through a metal detectors and hand scanners like at the airport. You are better off taking as little in with you as possible but it doesn't really matter.

I'm pretty sure that while Laurie can introduce specific people (and possibly the reason you are there, if time allows), she can not introduce something like `the trans community'. it would be different if it was a specific organization but I don't think she's allowed to introduce a whole group of people. I'll ask.

I believe you can bring banners onto the steps but that's it. You may not be allowed into the building with them and you definitely won't be allowed into the gallery with them. You might be better off leaving them in the car until after question period.

I will double check everything with Peter at Laurie's office and get back to you.

I strongly encourage you and anyone else who will definitely be attending to contact Laurie, Rachel or your MLAs office to be introduced and to be put on the list beforehand."

http://www.facebook.com/event.php?eid=69155932251&nctrct=1239669788866
____________________________________

2. Also Tuesday April 14th, 2009

ACCESS Television will be taking a look at the issue, and guests will include Dr. Lorne Warneke. Of course, you'll be attending Question Period, so set your VCRs! Starts at 1:00 in the afternoon.
____________________________________

3. Wednesday April 15th

There is a mass Human Rights complaint filing on Wednesday April 15th at 9:30 AM. You are not required to disclose anything about yourself to the media if you're stealth, just tell them that you prefer not to be on record. There will be people present for the media to talk to. But by being present, your numbers give our action strength.

This is not a protest action, we don't want signs or chanting or anything -- our protest IS our filing, so we focus on that, and again, want to be civil and orderly. We also want to put our best face forward, and show people that we are far different from the stereotypical "rabble" assumptions that are often made about us. The HRC people are not our enemy, and in fact they are the people we need to appeal to for support.

In Edmonton, we meet at Beaver Hills Park (Amiskwaskahegan Park) on the north side of Jasper Avenue, at 105 Street at 9:30. We will be proceeding together to the offices at 800 Standard Life Centre, 10405 Jasper Avenue for 10:00.

http://www.facebook.com/event.php?eid=70344074260&ref=mf&nctrct=1239669701165#/event.php?eid=90819766376

In Calgary, we meet at the Cenotaph (the monument where they lay the wreaths on Remembrance Day) on the 4th street side of Memorial Park (between 11th and 12th Avenue), also at 9:30. We will be proceeding together to the offices at Suite 310, 525 – 11 Avenue SW for 10:00.

http://www.facebook.com/event.php?eid=70344074260&ref=mf&nctrct=1239669701165

--

For information on filling out and filing a Human Rights Complaint:

http://www.facebook.com/inbox/readmessage.php?t=1049135840749#/topic.php?uid=85048933488&topic=8336
__________________________________

4. Ongoing

Sarah has an online petition started at http://www.thepetitionsite.com/1/re-list-sex-reassignment-surgery-funding-in-alberta

Be sure to stop by and add your name.
__________________________________

5. We have a letter appeal out to all Albertans. Please visit http://dentedbluemercedes.wordpress.com/2009/04/11/to-our-allies-two-ways-to-help/ and copy the "19 Cents" article following the intro and forward it to anyone in the Province that you think might listen.
_________________________________
6. Tell Me A Story

This will be a longer-term project, originating in Alberta. It will also be something that can perhaps translate on a national or international scale. Trans folk from around the world can participate if they like, and we will also be able to share the file with other communities if they want to raise funding to print and distribute it elsewhere.

I'm hoping to compile a hand-out booklet, professionally-printed, colour cover and B/W interior, telling our stories in individual testimonials. I'll be funding it by donations, which will determine how many pages and how many copies can be produced. I can do the layout and design and nuts and bolts of it at no cost -- that's what I do in my day job, after all.

The purpose is to tell our stories to the general public, how transition and GRS have transformed our lives for the better, how the pre-transition grief and anxiety hampered our lives and why we've had to make our choices. I find that giving a realistic face to who we are helps us tremendously. I believe in full inclusion in the trans community, but because of the current need to focus on GRS and full transition, the focus will be on the issue of gender identity solely -- on people who need transition, people in transition, and people who have completed their transition and moved on (and will be sectioned in that way, so that readers can see the progression).

Spouses and / or parents who have seen a partner / child through transition or part of transition and would like to talk about the change they've seen, how it's affected family, etc. are also welcome to contribute, because I believe these stories are also an important part of providing a rounded picture.

Participation is voluntary, I can't pay for the content. I also can't promise to use everything sent in, I will have to make editorial decisions based on length, number of pages I can raise funds for, relevance, and more. I may need to edit what is sent in for length, spelling / grammar, appropriateness of language for the audience, and such. As a writer myself, it's my intent to make as few edits as possible, because I understand the importance of keeping the spirit of what is written, so I will make every effort to make these edits with caution and careful consideration.

Contributors can use a pseudonym: keep in mind that using a real name will give the project more veracity and impact, but using a real name can also mean that what you write can come back to you in the future. I respect that, so you have the choice. Photos are also welcome (and great!) but the same caution applies.

For information or to submit a story, contact Mercedes Allen at dentedbluemercedes@gmail.com

--
Take care,
Alberta Transgender Resources: http://www.albertatrans.org/

Sunday, April 12, 2009

Information on the mass filing of Human Rights Complaints

Here is the information on the mass filing of Human Rights Complaints on Wednesday April 15th for people interested in participating.
___________________________________________

Firstly, there is some advice for completing the Human Rights complaint action. You can download the form if you haven't already at:

http://www.albertahumanrights.ab.ca/complaintform-guide.pdf

Be sure to select all of Gender, Physical Disabilities, and Mental Disabilities as the grounds for complaint, so that it can be waged from many different angles.

IMPORTANT: It will be helpful to RSVP so that we have an idea how many will be attending. Michelle is the person to contact for Edmonton (cutecandace14@hotmail.com), and Jordenne at jordenne.prescott@gmail.com for Calgary.

Jordenne observes, with regards to the Ontario precedent:
"Three of the four complainants started their treatment process with the "legitimate expectation" of surgery being funded. And while that legitimate expectation does not translate into a right to funding, the Government has a responsibility to ensure the execution of it's various responsibilities does not compromise the dignity and integrity of it's citizens. ... Those of us who have started the process to be treated under the schema provided by the Alberta Government have to be considered if the Government de-lists the procedure."

It is advisable to emphasize this point in your complaint.

____________________________________

Kris Wells also added the following advice:

I've spoken to the Alberta Human Rights Commission and here is some important information for you to consider if you are making a complaint. The process is not designed to be onerous, so please call the Commission if you need any help or guidance in filing your complaint.

(1) Alberta does not accept multiple class action complaints. Only one complaint is actually needed to address systemic concerns. However, you are still invited to submit individual applications. Some complaints may be grouped together and assigned to one human rights officer.

(2) All those individuals who are on the 'wait list' for treatment or surgery are STRONGLY ENCOURAGED to submit a complaint and seek a personal remedy.

(3) Individuals who are not directly impacted by the de-listing may still file a complaint. They would have to demonstrate that there is a reasonable basis for filing a complaint and a contravention of the human rights legislation has taken place. Indicate that you believe this government action is discriminatory. The remedies are different for a policy complaint, rather than a personal complaint.

(4) When filing your complaint, check off 'Gender' and then 'Transgender' and claim mental and physical disability.

*It is easier to remove grounds than to add them later on in the complaint process. So leave all your options open.

(5) Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident.

(6) All complainants will receive notice from the Commission indicating if their complaint is within jurisdiction of the Commission. This assessment will be made by the Commission’s intake officer. For example, is this a ground protected by the legislation? Does the complaint form outline a reasonable basis for believing that the human rights legislation has been contravened?

Normally, a letter of response from the Commission will be sent to the complainant within 10 days.

(7) There is no fee for filing a complaint. It is not necessary to hire a lawyer to file a complaint. However, you have the choice to appoint someone to assist or represent you in filing a complaint.

You can find information about filing a complaint by visiting:
http://www.albertahumanrights.ab.ca/complaints/information_complainants.asp

(8) There has been some discussion about filing these complaints en masse and inviting the media to attend as a further way to highlight the government’s discriminatory actions. If you would like to participate in this collective action, please hold onto your complaint until the date and time is set. The Commission will not release to the public or media any information on complaints, so when you file your confidentiality will be protected.

______________________________________

Regarding the mass-filing action, this is to take place on Wednesday April 15th at 9:30 AM. You are not required to disclose anything about yourself to the media, if you're stealth, just tell them that you prefer not to be on record. There will be people present for the media to talk to. But by being present, your numbers give our action strength.

This is not a protest action, we don't want signs or chanting or anything -- our protest IS our filing, so we focus on that, and again, want to be civil and orderly. We also want to put our best face forward, and show people that we are far different from the stereotypical "rabble" assumptions that are often made about us. The HRC people are not our enemy, and in fact they are the people we need to appeal to for support.

In Edmonton, we meet at Beaver Hills Park (Amiskwaskahegan Park) on the north side of Jasper Avenue, at 105 Street at 9:30. We will be proceeding together to the offices at 800 Standard Life Centre, 10405 Jasper Avenue for 10:00.

In Calgary, we meet at the Cenotaph (the monument where they lay the wreaths on Remembrance Day) on the 4th street side of Memorial Park (between 11th and 12th Avenue), also at 9:30. We will be proceeding together to the offices at Suite 310, 525 – 11 Avenue SW for 10:00.

--
Take care,
Alberta Transgender Resources: http://www.albertatrans.org/