EDMONTON — An Alberta First Nation says it has a Treaty right to universal health care, and they intend to use it to provide gender-affirming care to all Albertans in defiance of UCP laws banning such treatment for children. "These laws represent continued harm to gender-diverse peoples and First Nations people, which ultimately has roots in colonial violence," reads a statement issued by Saddle Lake Cree Nation on Wednesday. "Saddle Lake Cree Nation rejects these anti-trans and anti-Treaty laws and is determined to create a safe haven for gender-diverse peoples and ensure the education of non-Indigenous peoples to adhere to Treaty obligations." .The UCP government used the notwithstanding clause in November 2025 to institute a trio of laws meant to protect Alberta children, including banning doctors from providing gender-transition hormone therapy to kids under 16-years-old, and transgender surgeries on those younger than 18-years-old. Saddle Lake Cree Nation claims those laws violate their Treaty rights under their allotted "medicine chest." Treaty 6 states that, "a medicine chest shall be kept at the house of each Indian Agent for the use and benefit of the Indians at the direction of such agent." They claim the "medicine chest" is a living definition that now includes "universal, publicly funded health care in Canada." "The Alberta government's anti-trans laws are a violation of the Treaty," their statement reads. "The Nehiyawak (Plains Cree people) did not consent to the elimination, suppression, or systemic dismantling of Indigenous health and medical systems.""The Nehiyawak maintained autonomy over controlling and regulating health systems, including Western health systems operating on their reserved lands and territories." .In accordance with these claimed rights, Saddle Lake Cree Nation said it intends to offer gender-affirming care to all Albertans who wish to pursue it, regardless of whether the individual is First Nation. They will also welcome any Canadian-trained doctors who wish to provide it. "Nehiyawak have always practised inclusion of gender-diverse peoples," their statement reads. "The tastawiyiniwak (the ‘in-between people,’ also known as Two-Spirit, Indigiqueer) have always been included, accepted, and an integral part of indigenous societies, often holding important roles.""In this spirit, Saddle Lake Cree Nation is taking steps to protect the tastawiyiniwak, and all gender-diverse Albertans, against continued assault." .Premier Danielle Smith's government introduced their laws banning doctors from providing transgender treatment to kids in 2024, but after legal challenges delayed their implementation, the UCP opted to use the notwithstanding clause to override them. “Well, kids have to go through puberty in order to be able to have kids, that’s just the way it is,” said Smith in November. “Becoming sexually mature means, and we want to make sure that at the age of 16, when they’re old enough to be able to make these decisions for themselves, and understand the full consequences of it, they can begin that journey.” She claimed the laws were not designed to prevent individuals from ever transitioning from their biological gender, but rather they are meant to help ensure sure people understand the implications of making them. “But we know that we have all kinds of laws on those who are under the age of 15,” Smith said. “We don’t allow them to smoke. We don’t allow them to drive alone. We don’t allow them to do drugs. We don’t allow them to sign contracts. They can’t even go on a field trip to the zoo without getting their parents’ permission.”“So if we accept that we have to be able to have a certain level of rigour over those who are minors, 15 years of age and younger, then we have to have that rigour, and if they are contemplating making permanent changes to their body, those decisions have to be made when they’re mature enough to understand the consequences of that.” .Saddle Lake Cree Nation's announcement is the latest confrontation between First Nations and Smith's government, as the two sides have had an adversarial relationship in recent months over the UCP's decision to call for a referendum on Alberta independence. Prior confrontations include the chiefs unanimously passing a non-confidence vote against Smith and calling for her resignation. Chiefs have also said Smith should be investigated for treason over her decision to allow for an independence referendum despite alleged threats of foreign interference. Smith responded by telling the chiefs to "check themselves."
