No legislation exists in Nunavut 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 Nunavut. 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
Nunavut physicians follow the Canadian Medical Association’s Code of Ethics and Professionalism, which does not require physicians to provide or refer for a service they object to based on personal beliefs. This means that a physician 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. Nunavut’s Department of Health has a Medical Travel Policy that provides medical travel benefits to eligible patients covered by the Nunavut Health Care Plan who must travel in order to access necessary health services not available in their home communities.
A licensed Nunavut practitioner who is licensed to deliver health services in Nunavut (including nurses, physicians, and midwives) must initiate a referral in order for the patient to be eligible for coverage. Financial resources required under the Medical Travel Policy are conditional on approval by the Legislative Assembly and on the availability of funds in the appropriate budget.
Travel support
Subject to any co-payment set by the Minister of Health, medical travel benefits under the Medical Travel Policy include coverage for transportation expenses as outlined in the Financial Administration Manual.
Eligible transportation costs include economy airfare, charter aircraft when reasonable, ground transportation from one approved centre to another, medevac in the case of emergency or specialized care, and travel to get a patient to the nearest approved centre on the land if the patient becomes seriously ill or badly injured.
A client escort is eligible for transportation benefits if they meet the eligibility criteria set out by the policy and if recommended by a Nunavut practitioner. A medical escort is eligible for travel, as well as accommodation and meals at Government of Nunavut rates at approved commercial accommodation in accordance with the Financial Administration Manual, if one is deemed necessary by a Nunavut practitioner.
A patient and their client escort must sign a Client Travel Agreement that outlines their responsibilities prior to receiving travel arrangements.