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Saddle Lake Cree Nation asserts treaty right to provide gender-affirming care

The First Nation is invoking Treaty 6's medicine chest clause to offer gender-affirming care outside Alberta's restrictions, citing elevated suicide risk in Indigenous communities.

· 2 min read · HOC Edmonton Desk
Saddle Lake Cree Nation asserts treaty right to provide gender-affirming care
File photo: Jo McNamara / Pexels
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Saddle Lake Cree Nation is moving to establish gender-affirming care services on its reserve lands and territories, invoking sovereign rights under Treaty 6 to operate outside provincial jurisdiction.

The initiative responds to Alberta Bills 26, 27, and 29, which placed restrictions on transgender youth and families including bans on medical treatment, name and pronoun changes, and sports participation. Chief Dale Steinhauer said the nation would not allow what happened during residential schools to happen again. "When we are being stolen from our parents and experienced genocide in Indian residential schools, we wondered, 'Who are the people that will help us?' Today, we are those people. Today, we offer our help, support and jurisdiction to override these dehumanizing laws."

The plan relies on the "medicine chest" clause of Treaty 6, which Saddle Lake argues protects the First Nation's right to regulate health care on treaty lands. The nation would bring Canadian-trained clinicians to provide gender-affirming care, primary care, and specialist services on reserve. Dr. James Makokis, a two-spirit family physician who operates a clinic for transgender patients in Edmonton, supports the initiative. "Premier Smith's anti-trans laws are a profound violation of Treaty 6. They fail to uphold the spirit and intent of the 'medicine chest' clause in our treaty," Makokis said.

According to Saddle Lake Cree Nation, studies show a significant increase in suicide attempts within Indigenous communities who don't receive supportive medical care. Transgender and non-binary people in Alberta face wait times and a lack of expertise and information that often keep patients from accessing proper care.

The source did not specify an implementation timeline, funding source, or cost of the initiative.

What we asked

What is the legal interpretation of the medicine chest clause, and has a court tested its application to gender-affirming care?

How many trans and gender-diverse people are expected to access services, and what is the total cost?

We'll update this story as answers emerge.

The facts

What treaty right does Saddle Lake Cree Nation cite to provide gender-affirming care?

Saddle Lake Cree Nation invokes the 'medicine chest' clause of Treaty 6, which it argues protects the First Nation's right to regulate health care on treaty lands.

Which Alberta bills prompted this initiative?

Bills 26, 27, and 29 placed restrictions on transgender youth and families, including bans on medical treatment, name and pronoun changes, and sports participation.

What services would be provided on Saddle Lake reserve?

Canadian-trained clinicians would provide gender-affirming care, primary care, and specialist services on reserve.