By Ilan Hulkower
A Canadian court unanimously ruled that the province of Ontario must fund a resident’s surgery to construct a vagina while leaving their penis intact, the National Post reported Friday.
The court found that the province’s rejection to pay for the person’s procedure was in violation of the right by the Charter to personal security, according to the outlet. The Charter is a reference to the Canadian Charter of Rights and Freedoms, which was crafted in 1982 and forms part of the country’s constitution, according to the Government of Canada’s website. (RELATED: Naked Man Allegedly Lurking In Female Gym Washroom Claims To Identify As Female: REPORT)
Ontario resident who wants both a vagina and penis wins public funding for unique surgery https://t.co/uVmDaHu2b1 pic.twitter.com/oG8orIFb1Q
— National Post (@nationalpost) April 12, 2024
“The Charter-protected right to security of the person safeguards individual dignity and autonomy” Justice Breese Davies, one of the judges, wrote, the National Post reported. Forcing those who were transgender or non-binary to part with their privates “to receive state funding for a vaginoplasty would be inconsistent with the values of equality and security of the person,” the judge reportedly added.
The verdict could open the door to expanding coverage of “bottom surgery” for those who identify as non-binary, meaning not entirely men or women, the outlet reported. The plaintiff, whom court documents refer to as K.S., reportedly sued the Ontario Health Insurance Plan (OHIP) back in 2022 when they said the requested procedure was not an insured sex-reassignment procedure.
The plaintiff wanted the procedure to occur in a Texas clinic, according to the outlet.
K.S., who was born male but identifies as female, argued that the OHIP’s rejection invalidated their identity when appealing the decision, the National Post reported. K.S. also reportedly likened the refusal to conversion therapy.
“This is a significant win for the transgender and non-binary communities,” John McIntyre, the lawyer representing K.S., told CTV News Toronto, the outlet reported.
