Alberta First Nation invokes treaty clause to set up gender

An Alberta First Nation says it aims to defy Premier Danielle Smith’s government by establishing a safe haven for gender-affirming medical care — contrary to provincial law.

The Saddle Lake Cree Nation, located northeast of Edmonton near St. Paul, says health care is a right under Treaty 6 and falls under its inherent jurisdiction.

The First Nation has invoked the “medicine chest clause” provision from the treaty signed in 1876, which Indigenous Peoples interpret as a promise to provide comprehensive health care.

“All children, including trans and two-spirit children and their family, will have safety under our treaty,” Saddle Lake Chief Dale Steinhauer said on Wednesday.

Late last year, Smith’s United Conservative Party government used the Charter’s notwithstanding clause to shield its law from court challenges.

The law prohibits doctors from prescribing puberty blockers or hormone therapy to transgender and gender diverse children under 16.

The premier has said it’s about protecting children and their fertility.

Steinhauer says they won’t stand by while basic human rights and life-saving health services are denied.

There’s been a series of public disagreements between several Alberta First Nations and the UCP government, Mount Royal University political analyst Lori Williams pointed out, and this move adds to the division.

“There have been negative comments made by both premier and senior members of our staff that were disrespectful of Indigenous people in the province, disrespectful of their rights and freedoms — their Constitutional rights — and even of their way of life,” Williams said.

“Unfortunately, those kinds of comments make it more difficult to have cooperative or collaborative relationships.”

LGBTQ2S+ advocates like Senator Kristopher Wells applaud the First Nation’s move.

“I commend Saddle Lake Cree Nation for following the evidence, science, and traditional teachings in providing inclusive barrier-free access to gender-affirming care for youth and families,” said Wells.

He was previously a professor at the University of Alberta and MacEwan University, along with Canada Research Chair for the public understanding of sexual and gender minority youth.

“Access to essential health care services without discrimination is a fundamental Charter and human right,” Wells said.

“I hope other First Nations will follow this important leadership.”

The nation says it’s working to attract clinicians to provide care on reserve land, and it’s fundraising to develop its health law and defend it against potential legal challenges.

The clinicians will be exempt from sanctioning by their health regulatory bodies, the Saddle Lake Cree Nation said.