The Saddle Lake Cree Nation in Alberta, Canada, has embarked on a mission to do something unprecedented. Its leaders announced they will assert tribal sovereignty to defy a regional ban on providing gender-affirming care for youth.
“No longer will our children and families have their rights taken away,” Chief Dale Steinhauer said in a speech on Wednesday, as per the CBC. “When one group’s rights are removed, we are all affected.”
Similar to Indigenous reservations in the United States, First Nations in Canada possess autonomy when it comes to lawmaking—although in both First Nations and reservations, individuals can still be bound by state or federal criminal law.
In Saddle Lake’s case, Alberta’s premier Danielle Smith used medical legislation to essentially ban gender-affirming care for youth under 16 in that province. Saddle Lake leaders argue it violates the rights of its transgender and two-spirit young people. On Sept. 9, they launched a fundraiser to mount the legal battle ahead of them, raising over CAD$60,000 in two days, with at least CAD$30,000 more to go.
“Saddle Lake Cree Nation is taking an historic step to assert our Treaty rights, inherent jurisdiction and responsibility to protect the health and well-being of our people,” officials wrote in a press release attached to the fundraiser.
“We are asking Canadians, Treaty people, Indigenous Nations, health professionals, human-rights advocates, allies and people around the world to stand with us,” it continued, vowing to be a “safe haven” for trans youth.
Celeste Trianon, a civil rights activist in Montreal who runs a legal clinic for transgender Canadians, said the fight will take time and money to make its way through the legal system.
At the same time, she told Erin in the Morning that it reflects a long history of Indigenous resistance to forced assimilation, from the dark days of the infamous residential schools to now.
“They’re really helping break this cycle of collective trauma, and basically the consequences of a cultural genocide, through supporting trans youth,” Trianon said. “It is, in short, extraordinary.”
Saddle Lake must also set up a clinic or attract a practice to its territory, about two hours outside of Edmonton.
“They are an independent nation, so I’ll be interested to see if they’re able to attract a doctor to do that,” Smith said in a recent speech.
It is unclear whether other First Nations or Indigenous reservations in the United States may follow suit. In the meantime, Saddle Lake is gearing up for a fight.
“This is about more than one health service,” officials wrote. “It is about Indigenous sovereignty. It is about our responsibility to care for one another.”
There is a GoFundMe to support Saddle Lake Cree Nation’s efforts to establish a safe haven for trans youth in Alberta. That can be found HERE.
Big cheers for the Saddle Lake Cree Nation, for exercising the “medicine” clause in their treaty with the Canadian government and pushing back against the provincial government’s care ban.
I don’t know if other tribal treaties include a clause like this, but perhaps the principles of autonomy can be interpreted to include medical autonomy.
Any resistance is appreciated.
I wish them very well and welcome their courage. They made the correct call.
"although in both First Nations and reservations, individuals can still be bound by state or federal criminal law." <-- I hope the bad guys don't find a way to bite them on the a$$ with that.
Thank you Baum.