The Yukon Human Rights Board of Adjudication has made a decision supporting a Whitehorse resident’s claim of being refused midwifery care access. A majority of the board found the Yukon government’s actions discriminatory in denying women midwifery services. In 2021, the government introduced new regulations for midwifery, prohibiting practice until official licensing and registration. However, the ban was enforced before establishing a formal midwifery program, leaving no clear procedure for midwives to register legally.
Although midwifery services were briefly available from July 2022 to January 2023, the full program’s implementation was delayed until 2024, making Yukon one of the last regions in Canada to incorporate midwifery into public healthcare. Consequently, individuals like Marsha Cooke, the complainant, were left without necessary care.
During a hearing in November, Cooke shared her distress at the prospect of giving birth without a midwife due to a past traumatic hospital birthing experience that led to post-traumatic stress. The government offered Cooke the option to seek midwifery care outside the territory, with her responsible for finding and funding her accommodation for extended periods.
Cooke eventually opted for a home birth, which became complicated, requiring paramedic intervention, but fortunately with no lasting harm to mother or child. When she became pregnant again in 2022, midwifery services were available but were later suspended due to staff shortages mid-pregnancy. Despite seeking support for a home birth in January, Cooke was informed in August that the government couldn’t provide a doctor or midwife for home births, leaving her with no choice but to proceed with another home birth.
The board’s decision highlighted the potential discrimination in the government’s policy, ultimately ruling in favor of Cooke and ordering the government to pay over $36,000 in damages. Although one adjudicator dissented, the majority deemed the government’s actions discriminatory. The Health and Social Services Department remained unresponsive to comments, denying any discriminatory behavior during the hearing.
Sofia Ashley, president of the Yukon Association for Birth Choices, emphasized the critical gap in midwifery services, causing significant challenges for expectant parents. She stressed the importance of informed consent and choice in birth, noting the difficulties some individuals face in traditional hospital settings. Ashley also highlighted ongoing issues of racism and discrimination, affecting not only Indigenous women but also individuals of color whose requests may be overlooked or dismissed.
Further submissions on costs are expected in an upcoming hearing.
