Trans-rights advocates raise alarm over Quebec birth certificate proposal, calling it 'huge regression'
The Quebec government quietly proposed a legal change on Thursday that trans-rights advocates are raising an alarm over, saying it's regressive.
Under a new bill, Quebecers would only be allowed to request a change of sex on their birth certificate after first undergoing surgery on their sexual organs, according to the bill's terminology.
The change was drafted as a response to a court judgment earlier this year forcing Quebec to be more accommodating to transgender people, but it doesn't accomplish that, advocates said.
Instead, they said, it's a step backwards. Right now, Quebecers can change the sex designation on their birth certificates if it doesn't correspond with their gender identity, without having to undergo any sort of medical treatment.
The proposed changes, tabled as part of Bill 2 on family law, would give transgender people two new options instead of the one they have now -- but neither is better than the current system, advocates say.
People who have not had surgery would have the option of requesting the "sex" category on their birth certificate be renamed as "gender," and then to put down the gender that matches their identity.
But birth certificates would only look this way for people who have requested such a change, automatically "outing" anyone who goes that route, trans-rights advocates told CTV.
The only way to change the "sex" catagory would be undergoing surgery -- something many choose not to do, and in some cases can sterilize the recipient, advocates said.
“It's really disheartening," said Florence Ashley, a Montreal trans-rights activist and doctorate in law student at the University of Toronto.
Right now, Quebec has "one of the most progressive laws in Canada in that regard, and now we're going backwards," Ashley said.
“It’s really a massive surprise, and really adds a climate of fear."
The fear is partly over what government could do next, if it has taken this step, Ashley said.
“If we can have this law, what's going to happen in the future?" they said. "What's going to happen to trans communities? Does the government even care at all?”
RESPONSE TO A COURT RULING
The bill, tabled at the National Assembly on Thursday, would change the first and second paragraphs of the Section 71 of Quebec's Civil Code, which lays out the rules for changing the sex on a Quebecer’s birth certificate.
In a statement, Quebec's Justice Department said that the proposal was meant to fulfill the requirements of a court judgment.
There was a ruling in this area from the Quebec Superior Court last January. It touched a few matters around transgender people and birth certificates, though none that appear to match up directly with what the province proposed this week.
Among other changes, the ruling dropped the age limit for changing birth certificate sex designations, saying Quebecers age 14 and up should able to apply to make the change on their own and without a medical note.
It also allowed non-binary people -- those who don't identify as male or female -- the right to alter their birth certificates to enter a third gender option other than M or F.
The judge in question gave the Quebec government until Dec. 31 to make the changes.
On Friday, Quebec's Justice Department told CTV News that the bill was meant to satisfy that ruling, though it didn't explain exactly how.
"It should be noted that the provisions provided for in Bill 2 will make it possible to respond to the judgment of the Court in the case involving, in particular, the Centre for Gender Advocacy," a department spokesperson wrote.
The Centre for Gender Advocacy is the Montreal organization that was the plaintiff in the January case.
OUTING ONESELF CAN BE 'LIFE OR DEATH'
A representative from the organization said that while they were aware a family law bill was coming, the content of the bill was a "huge shock," and a "huge regression," that would put people in danger.
“This basically means outing yourself, which … can oftentimes be life or death for trans person,” said Celeste Trianon, a trans-rights advocate from the Centre for Gender Advocacy.
Trianon called the bill an example of "systemic transphobia" and said that they didn't see it as "a logical response at all" to the court ruling's requirements.
"The logical response would have been to take the lead and further advance trans rights, or just insert all of the victories obtained in [the January ruling] without doing much more."
Transgender Canadians are at a "much higher" risk of being the victims of violence since the age of 15, according to government data.
They are also more likely to experience “inappropriate behaviors” in public, online, and at work than cisgender people (people who identify with their birth-assigned sex).
The rest of the bill dealt with other matters of family law, including laying out newly proposed regulations for surrogate pregnancies.
A RETURN TO OLD WAYS
Surgery has not been a requirement to change a person’s sex designation on their birth certificate since 2015.
Under that version of the code, an operation was the only way to change the sex of the applicant, who also had to be a Canadian citizen living in Quebec for at least a year.
On Oct. 10 of that year, the rules were made closer to what they are today, specifically that a Quebecer who wanted to change their sex would not need to undergo “any medical treatment or surgical operation whatsoever.”
“This is a regressive change that puts all trans people who have not had genital surgery at risk,” said Jennifer Maccarone, Liberal MNA for Westmount and the party’s spokesperson for the LGBTQ2 community.
In a Saturday morning statement, the party cautioned Bill 2 could push people to get surgery who otherwise wouldn’t want or need it.
It will, Maccarone said, “force unwilling people to have it.”
CTVNews.ca Top Stories
Air turbulence: When can it become dangerous?
Flight turbulence like that encountered by a Singapore Airlines flight on Tuesday is extremely common, but there's one aspect of severe turbulence an aviation expert says can lead to serious injury.
B.C. serial killer Robert Pickton hospitalized after prison attack
British Columbia serial killer Robert Pickton was attacked and sustained life-threatening injuries in a Quebec prison Sunday in what officials described as a 'major assault.'
People in Gaza are 'wasting' from famine: World Food Programme director
World Food Programme executive director Cindy McCain says people living in Gaza are 'wasting' as famine concerns continue amid the war between Israel and Hamas.
WATCH Why today's inflation numbers are good if you have a mortgage
New inflation data is 'welcome news' for consumers and an economist says it could signal the possibility for a interest rate cut as several core measures also continue to ease.
'Mr. Trump doesn't worry us', says Canadian ambassador
As Prime Minister Justin Trudeau continues the 'Team Canada' charm offensive to U.S. lawmakers and business leaders, Canada's ambassador to the United States downplayed the effect of another Trump presidency on Canada.
Toronto Blue Jays fan struck by 110 m.p.h foul ball offered tickets, signed baseball by team
The Toronto Blue Jays have offered tickets and a signed baseball to a fan who says she was struck in the face by a 110 m.p.h (177 km/h) foul ball at Friday’s game.
OPP continues to investigate boat collision north of Kingston, Ont. that left 3 people dead
Ontario Provincial Police continue to investigate a long weekend fatal boat collision on Bobs Lake, north of Kingston, Ont.
'Miscommunication' Liberals say of Speaker Fergus event invite Conservatives call partisan
House of Commons Speaker Greg Fergus is facing fresh Conservative-led calls to resign, this time over "very partisan" and 'inflammatory' language used – the Liberals say mistakenly – to promote an upcoming event.
opinion Tom Mulcair: With Trudeau spiralling, Mark Carney waits in the wings
In his latest column for CTVNews.ca, former NDP leader Tom Mulcair argues that if there's an unofficial frontrunner in the eventual race to replace Justin Trudeau as Liberal leader, it has to be former Bank of Canada governor Mark Carney.