Alberta declares treaty-based safe haven for gender-affirming care

Saddle Lake Cree Nation in Alberta has announced plans to establish a treaty-based safe haven for gender-affirming health care, directly opposing the provincial government’s restrictions on care for trans and gender-diverse youth.

Located northeast of Edmonton near St. Paul, Saddle Lake Cree Nation asserts that health care is a fundamental right under Treaty 6 and falls within the Nation’s inherent jurisdiction. Leaders have explicitly invoked the “medicine chest clause” from the 1876 treaty, which many Indigenous communities interpret as a federal commitment to provide comprehensive health services.

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

Treaty Rights Versus Provincial Law

In late 2023, Premier Danielle Smith’s United Conservative Party (UCP) government invoked the Charter’s notwithstanding clause to protect new legislation from court challenges. The law blocks physicians from prescribing puberty blockers or hormone therapy for transgender and gender-diverse children under the age of 16. Smith has framed the policy as a measure focused on children and fertility.

Chief Steinhauer stated that Saddle Lake Cree Nation will not remain passive while what it considers essential health services and basic human rights are withheld from young people who need them.

Lori Williams, a political analyst at Mount Royal University, noted that this decision arises amid a series of public disputes between Alberta First Nations and the UCP government.

“There have been negative comments made by both the premier and senior members of her 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. “This move deepens the divide between the province and many Indigenous communities that are asserting jurisdiction, including in health care.”

Support from LGBTQ+ Advocates

LGBTQ+ advocates are welcoming Saddle Lake’s decision as a significant assertion of both Indigenous sovereignty and trans-inclusive health care.

“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 Senator Kristopher Wells.

Wells has previously served as a professor at the University of Alberta and MacEwan University and held the 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,” he added.

Building a Gender-Affirming Health Hub on Reserve Land

Saddle Lake Cree Nation is now working to bring clinicians to its reserve to deliver gender-affirming care to children, youth and families. The Nation is also fundraising to develop its own health law and to prepare for potential legal challenges arising from its assertion of jurisdiction.

According to Saddle Lake leaders, clinicians who provide services under the Nation’s health law will be exempt from sanction by their provincial regulatory bodies, based on the Nation’s interpretation of its treaty rights and inherent authority over health care on its lands.

The initiative signals a growing movement among Indigenous communities to exercise greater control over essential services, particularly where provincial policies restrict access to care for marginalized groups.

Why This Matters for the Workplace

For employers and business leaders, this story highlights several trends that have direct implications for workplaces:

• LGBTQ+ inclusion as a core expectation: Younger workers, including Indigenous and 2SLGBTQ+ employees, increasingly assess employers on their stance toward trans rights and access to gender-affirming care. Organizational policies on benefits, leave, and psychological safety are under closer scrutiny.
• Indigenous governance and ESG: Companies operating in or near Indigenous territories are expected to understand and respect Indigenous jurisdiction, including in areas like health and wellbeing. This is central to social impact, reconciliation commitments, and ESG strategies.
• Talent attraction and retention: Inclusive health coverage, supportive workplace culture, and visible allyship with trans and two-spirit employees can drive engagement and retention, especially in competitive sectors.
• Risk and reputation management: Public positions on LGBTQ+ and Indigenous rights are increasingly seen as indicators of corporate values, influencing consumer trust, investor decisions and employer brand.

Businesses that invest in meaningful LGBTQ+ inclusion and Indigenous partnership are better positioned to attract diverse talent and meet stakeholder expectations.

To explore how inclusive employers around the world are building safer, more equitable workplaces for LGBTQ+ and Indigenous employees, readers can sign up to myGwork and connect with organizations that are already putting these values into practice.

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