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April 13, 2009  
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Lawsuit in works over sex surgery
Transgendered demand province reinstate funding
By TARINA WHITE AND CLARA HO, SUN MEDIA
The Calgary Sun


Niqolai Gryphon is one of several Albertans who may be affected by the cut in funding for gender reassignment surgery. (Sun Media/Mike Drew)



CALGARY -- Calgarian Niqolai Gryphon is considering legal action against the province after it announced it would no longer fund sexual reassignment surgeries.

The 21-year-old, who has spent the last three years transitioning from a woman to a man, is also planning to lodge a human rights complaint.

"For me, and for many other trans people who haven't had access to surgery yet, this could mean giant cases of discrimination," said Gryphon.

"We're going to fight this."

Meanwhile, an Edmonton businesswoman is spearheading a class action lawsuit against the Alberta government's decision to cut the funding to save about $700,000 in the provincial budget.

Sarah King said she will bring the case to court on Wednesday in hopes of first obtaining an injunction that will force the province to approve funding for everyone on a gender reassignment surgery waiting list. The next move will be to fight to have the funding relisted, she said.

Currently, there are more than 16 people represented in the lawsuit -- and that number continues to grow by the day, said King, who was recently notified that funding for her own gender reassignment surgery, scheduled for January, had been cancelled.

"By delisting gender reassignment surgery, the government is performing capital punishment or execution on that person," said King, citing examples of transgendered individuals hurting themselves because of their gender identity disorder.

Gryphon said he hasn't joined the lawsuit because he doesn't yet know whether he will be denied sexual reassignment surgery.

"All of us are uncertain where the province will be cutting off the funding -- are they going to be cutting it off for people who have been approved already?" he said.

Gryphon, who has been on a waiting list for the surgery since February, said its a poor financial decision on the part of the province.

"It's going to be way more costly to fight the human rights complaints that are going to be lodged and the potential class action lawsuit than it would be to fund the surgeries," he said.

A Calgary woman, who has spent the past four years transitioning from a man, said she's planning to join the class action lawsuit if she is denied surgery.

"This is medically necessary -- it's not like cosmetic surgery like a boob job," said the 24-year-old, who didn't want her name printed.

TARINA.WHITE@SUNMEDIA.CA



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