CCLA Intervening To Ensure Equitable Health Care Funding for Trans and Nonbinary People in Ontario

TORONTO —  Harini Sivalingam, Director of the Equality Program of the Canadian Civil Liberties Association, made the following statement to announce intervention in OHIP v KS at the Court of Appeal for Ontario:

The Canadian Civil Liberties Association has been granted public intervenor standing in the case of OHIP v KS at the Court of Appeal for Ontario. This case concerns the denial of funding for gender affirming care for a trans individual who identifies as non-binary. The CCLA is intervening in this case to ensure that funding for health care services is equitable and non-discriminatory.

The CCLA argues that the inability to receive medical care that has been prescribed by a physician has profound implications on liberty interests and autonomy of individuals. Patient autonomy in medical decision-making is a protected right. Everyone should have the right to make informed decisions about their bodily integrity and to direct the course of their own medical care.

In addition, the CCLA argues that a discriminatory interpretation of the Schedule of Benefits is inconsistent with the Charter value of equality. It is a violation of equality rights to interpret regulations in a manner that perpetuates inequity in the public healthcare system and disadvantages individuals from any marginalized groups.

A hearing before the Court of Appeal for Ontario is scheduled for Nov 26th.

CCLA is grateful for the excellent pro bono legal services of Gregory Ko, Frank Nasca, and Olivia Evans of Kastner Ko LLP in this case.

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Read CCLA’s written arguments in our factum here.

About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

Media Contact:
media@ccla.org