Home / Health / Yukon Denies Midwife Access: Human Rights Commission Rules
Yukon Denies Midwife Access: Human Rights Commission Rules
20 Jan
Summary
- Yukon government discriminated by blocking access to midwife services.
- A Whitehorse woman was denied midwife care during two pregnancies.
- Government ordered to pay over $36,000 in damages for discriminatory conduct.
The Yukon Human Rights Commission has ruled that the Yukon government engaged in discriminatory conduct by preventing women from accessing essential midwifery services. This decision came after a Whitehorse woman, Marsha Cooke, was denied midwife care during two separate pregnancies, leading to traumatic birth experiences. The government's implementation of new midwifery regulations in 2021 was significantly delayed, with a functional program not established until 2024, making the Yukon one of the last Canadian territories to offer public midwifery care.
Adjudicators determined that while the government's policy seemed neutral, it had a disproportionate impact on individuals seeking midwifery services. Cooke experienced profound distress, describing her births as "near death situations." The commission ordered the government to pay over $36,000 in damages. While one adjudicator dissented, citing the government's authority to regulate, the majority decision underscores the human rights implications of access to healthcare choices.
