Ontario’s publicly funded health insurance plan must pay for a special procedure in Texas for a non-binary person seeking gender-affirming care, the province’s Divisional Court has ruled.The 3-0 ruling by Ontario’s Divisional Court this week is the first from a court in that province on gender-affirming care, and in particular, on treatment for non-binary people, said lawyer John McIntyre, who was involved in the case. He said he was not aware of a similar ruling elsewhere in Canada.
The ruling was not, for the most part, about the Charter of Rights and Freedoms. It was a matter of interpreting the health insurance law. That law mentions vaginoplasty in its list of benefits. If legislators had wished to exclude the surgery sought by K.S., they would have written that exclusion into the law, Justice Breese Davies wrote. Her ruling was endorsed by Justice Mark Edwards and Justice Harriet Sachs.
It said the Charter of Rights protects the right to equality and security of the person, which includes autonomy and bodily integrity. While Divisional Court rulings apply only in Ontario, the judgment could be influential in other parts of the country, depending on the wording of provincial health-insurance laws.
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