No legislation exists in the Northwest Territories dictating age of consent to medical treatment. As such, the mature minor doctrine applies to minors accessing health care, including abortion. This means that a minor who can understand and appreciate the nature, purpose, and reasonably foreseeable consequences of a proposed medical treatment and its alternatives/refusal can give valid legal consent.
There is no bubble zone legislation in the Northwest Territories.
However, federal Bill C-3, which makes it illegal to intimidate healthcare workers and patients or obstruct them from providing care or seeking treatment at locations where healthcare services—including abortions—are delivered, applies.
Physicians
The Northwest Territories Health and Social Services Authority oversees physicians in the territory. The Authority adopts the Canadian Medical Association’s Code of Ethics and Professionalism, which does not require doctors to provide or refer for a service they object to based on personal beliefs. This means that a doctor may deny a patient abortion care, and is not obligated to provide them a referral to another provider or clinic.
Nurse practitioners
The Registered Nurses Association of the Northwest Territories and Nunavut adopts the Canadian Nurses Association’s Code of Ethics for Registered Nurses, which states that in cases of conscientious objection, nurses are obligated to notify their employers or the patient receiving care in advance so that alternative arrangements can be made.
In some instances, patients may have to travel outside of the country to receive abortion care currently not available in Canada. Patients can call the NOW program to help determine whether they need to travel out-of-country to receive care. If travel to the U.S. is needed, either the patient or their referring community health centre is responsible for booking an appointment and arranging medical travel. An appointment can be arranged by calling the National Abortion Federation at (877) 257-0012.
The Government of Northwest Territories’ (GNWT) has a Medical Travel Policy for residents with a valid health care card who must travel in order to access necessary and insured services. A patient must have a valid medical referral from a health care provider (defined by the Medical Travel Policy as a physician, nurse practitioner, registered midwife, or community health nurse licenced to practice in the Northwest Territories) and obtain prior approval from the Medical Travel Office in order to be eligible for coverage.
The Minister of Health and Social Services will assess whether a patient must contribute a co-payment and the co-payment amount. Patients who are considered “low income” who have a $70,000 or less income as an individual, $85,000 or less combined income with a spouse, or $100,000 or less income as an individual with at least one minor living in their household are not assessed for a co-payment.
According to the Medical Travel Policy, financial resources required under the policy are “conditional on approval of funds in the Main Estimates by the Legislative Assembly and there being a sufficient unencumbered balance in the appropriate activity for the fiscal year for which funds would be required.”
Travel support
For patients outside Yellowknife, the NOW Program assists with arranging medical travel to Yellowknife for abortion care up to 18 weeks. A referral is not required. If travel outside the territory is needed, either the patient or their referring community health centre is responsible for booking an appointment and arranging medical travel. Patients can call the NOW program to help determine whether they need to travel outside of the Northwest Territories to access care. An appointment outside of the Northwest Territories can be arranged by calling the National Abortion Federation at (877) 257-0012. Medical travel is covered for referrals to the closest abortion centre.
The Medical Travel Policy includes benefits for patients insured under the NWT Health Care Plan who have a valid medical referral. The policy covers the following forms of transportation for patients and their authorized escorts, less a co-payment that is assessed by the Minister of Health and Social Services:
- Scheduled airfare
- Bus or taxi fare when that is a “reasonable and cost-effective alternative to air travel between communities”
- Non-emergency ground ambulance travel between health care facilities
- Private vehicle mileage when claimed at the Government of Northwest Territories’ “individual’s convenience rate”
Patients considered “low-income” will not be assessed for a co-payment. The policy also includes limited support for meals, accommodation, and ground transportation, with support varying depending on a patient’s income level.