The sign outside the Yukon Human Rights Commission office in Whitehorse. Photo Courtesy of Macklen Linke/CKRW.
Whitehorse, YT – A Yukon mother has been awarded more than $36,000 after a human rights panel ruled the territorial government discriminated against her by cutting off access to midwifery services.
The Yukon Human Rights Commission found the discrimination stemmed from new midwifery regulations that took effect in April 2021, which banned private midwifery before a public program was ready to replace it.
That left the complainant without access to a midwife during her third pregnancy and for much of her fourth.
The board ruled midwifery is a public service, and the government failed to justify removing both private and publicly funded options at the same time.
The woman told the panel she was left with few choices, including traveling out of the territory, giving birth in a hospital, or having home births without medical support. She chose home births, despite serious emotional distress and medical risk.
The board found the lack of access caused significant harm to her dignity and well-being, even though the government did not intend to discriminate.
Full midwifery services were restored in February 2024.
