CBC Radio interview this morning

[Kathryn Martin]

Here is the piece in which a client of mine was interviewed this morning about a human rights case. I was interviewed along with him.

Here is the link to the radio piece (http://www.cbc.ca/informationmorningns/2012/04/23/a-transgendered-man-says-msi-should-pay-for-his-hysterectomy/)

And here is the accompanying article (http://www.cbc.ca/news/canada/nova-scotia/story/2012/04/22/ns-hysterectomy-debate.html)

Let me know what you think

[Julia_in_Pa]

Very well done Kathryn.


Julia

[amielts]

I'll let you know what I think.

Basically, this man's surgery should be covered. Everyone in the trans community should fight for our rights together, and although this issue doesn't concern you personally, you did your bit to help the man. On this you should be commended.

However, the article fails to mention that you really aren't that interested in fighting for trans rights for all, even when society is opposed. As seen by this post in another thread.

Sorry, but on this one I am with Kate, it would open the door for anyone to simply say they are F to be entitled to F on identifying documentation. This will turn out to a backfire of the highest order because it will play on the most basest fear of people and this will lead possibly to legislative change that will set us back 50 years. Good luck with that.
Not a well thought through decision. No "yeah" from me.

You are yourself quite scared of the bigoted public, it seems. Well, having read the comments on the CBC page, it's clear that they don't want to fund this man's surgery either. In fact, the general public is very transphobic and are generally opposed to all things trans related. If you are scared of the bigoted public than you probably should just go stealth and forget about fighting for our rights.

[Kathryn Martin]

Two things:

Have you read the decision of the Human Rights Tribunal? - and analyzed the implications of this decision and what the government is ordered to do.

I don't know what you mean by trans community. I fight for trans rights, amielts, but I am not wearing the rose colored glasses of the "Yeah" people and tend to think about the broader implications of what tribunals and Courts do. It's my job.

Generally the comments to the piece are measured and positive, the transphobic ones have been removed.


I'll let you know what I think.

Basically, this man's surgery should be covered. Everyone in the trans community should fight for our rights together, and although this issue doesn't concern you personally, you did your bit to help the man. On this you should be commended.

However, the article fails to mention that you really aren't that interested in fighting for trans rights for all, even when society is opposed. As seen by this post in another thread.

You are yourself quite scared of the bigoted public, it seems. Well, having read the comments on the CBC page, it's clear that they don't want to fund this man's surgery either. In fact, the general public is very transphobic and are generally opposed to all things trans related. If you are scared of the bigoted public than you probably should just go stealth and forget about fighting for our rights.

[RachR]

This case is a real shame. Denying to pay for a much needed surgery because they were able to classify it however they chose. I hope things work out for the better in the end.

[Jorja]

I think this will go in favor of Mr. McDonald. From the interview, he was clearly informed about his condition and surgery was recommended. Nothing was said about his status as a trangender man. I wish you and Mr. McDonald good luck in defending his position in this.

[Michelle.M]

Kathryn,

In the first place I admire you very much for the work you do. You've done a good thing, and the right thing in taking on this case and I wish you all the best. In my non-legal opinion it seems to me that you have a good chance of prevailing.

I don't understand all the nuances of the Canadian health system but it's incomprehensible to me that this should not be covered.

Please keep us posted on the progress of this case.

[Laurie Ann]

Kathryn,

I cannot fathom a right thinking individual seeing the procedure was medically necessary. I believe the law works more on nuance and less on actual common sense.

[Barbara Ella]

This person had a medical condition that had a means to be cured, and it was. Courts, or whatever in Canada, will see this and dump on the idiot bureaucrat that put forth this interpretation. Then most likely promote the idiot

Barbara

[Julia_in_Pa]

Kathryn,

To elaborate on my previous post this person does deserve surgery in my opinion and I hope they receive it.


Julia

[Kathryn Martin]

I wonder if your comment has a typo in it.
Kathryn,

I cannot fathom a right thinking individual seeing the procedure was medically necessary. I believe the law works more on nuance and less on actual common sense.

[amielts]

Generally the comments to the piece are measured and positive, the transphobic ones have been removed.

'Moderated' public opinion is not real public opinion, and it doesn't get things done either. Just like the 'polls' done to show that marriage equality has 70% support everywhere in the Western world are not real public opinion, and didn't stop Prop 8 and similar things getting passed.

[whowhatwhen]

'Moderated' public opinion is not real public opinion, and it doesn't get things done either. Just like the 'polls' done to show that marriage equality has 70% support everywhere in the Western world are not real public opinion, and didn't stop Prop 8 and similar things getting passed.

Hate speech isn't protected up here, for example Fred Phelps and or his church members weren't allowed into the country IIRC.

Things may actually start to change when old, white, conservative men start dying off, but it seems like we're actually regressing.

[Starling]

...the 'polls' done to show that marriage equality has 70% support everywhere in the Western world are not real public opinion, and didn't stop Prop 8 and similar things getting passed.

I believe that "issue" polls, with all their weaknesses, are more accurate than elections or legislative action in measuring public opinion, for many reasons. Here is one: elections measure only the opinions of those who vote (and not, for example, future voters), and then only gauge voter response to a particular candidate or proposal on election day, not a general disposition. If a poll respondent says they approve of same-sex marriage, just because they want to look smarter and more open-minded than they really are, so what? It means that, deep down, they know what's right.

:) Lallie

[Laurie Ann]

Kathryn,

My comment does indeed have an error in it I believe the procedure was medically necessary as any right thinking individual would see. Thanks for picking up my screw up.

[Kathryn Martin]

You might also be interested in reading the following article from the National Post (http://news.nationalpost.com/2012/04/23/transgender-man-files-human-rights-complaint-in-nova-scotia-after-being-asked-to-pay-for-hysterectomy/). We did this interview yesterday afternoon, a Call in radio show this morning and another article in a different newspaper to come.

[LeaP]

Kathryn, you made a comment about the general state of trans health services in the interview (which I don't doubt is accurate). Does this play in the suit - or is it too diffuse to assist with your client's case?

Lea

[Kathryn Martin]

It will play in the suit in some form or another, because of the institutional adversity that those seeking trans health experience.

[melissaK]

Good thread. Lively. Way better than morning news show. :-)

[Leslie Langford]

Much as I sympathize with Jess MacDonald and agree that he likely has a legitimate claim, something doesn't smell quite right here.

Who ever heard of a surgeon standing beside their patient, waiting for them to come out of their anesthesia-induced coma, and thrusting a bill for their services in their face as soon as they came to?

The surgeon has nothing better to do than to personally chase down money (allegedly) owed him/her? The hospital doesn't have an Accounts Payable Department for this? Does the Nova Scotia Health Department bureaucracy work with such lightning speed that they would have rejected the hospital's Accounting Department's claim for reimbursement even before the patient awoke from his surgery, forcing his surgeon to go into shake-down mode himself immediately afterwards? Are there no collection agencies in Nova Scotia to chase down delinquent accounts?

I get the fact that some people like to embellish their stories with a certain amount of hyperbole for dramatic effect, but c'mon...let's keep it real here. These kinds of outlandish claims by Mr. MacDonald can only serve to weaken his case by diminishing his credibility.