Described as “transphobic” by several organizations of the LGBTQ+ community, Minister Simon Jolin-Barrette’s Bill 2 will be amended on Tuesday in order to group “under the same hat” mentions of sex and gender identity, learned The duty.
“It will only be the “sex” section, there will be no “gender identity” section, underlined the Minister of Justice in an interview. People will be able to identify themselves by “M”, “F” or “X”. »
This change is a direct response to concerns raised by the community. The articles of the bill which aimed to require an operation on the genitals for the sex to be changed on civil status documents will be deleted.
Minister Jolin-Barrette will make these changes a reality by tabling a series of amendments at the start of the detailed study of the legislative text on Tuesday in the National Assembly. “We never wanted to complicate anyone’s life,” he said. To have to. I will come to bring solutions that are very concrete. »
Fears of a setback
Tabled last October, Bill 2 aims in particular to lay a first stone in the reform of family law desired by the government of François Legault. However, it also changes the administrative requirements surrounding sexual and gender identity.
In its original form, the legislation provided for imposing additional conditions on persons wishing to change the sex designation on their vital statistics documents, such as their birth certificate. Such a request should have been accompanied by “a certificate from the attending physician confirming that the medical treatments and surgical interventions undergone by the plaintiff make it possible to conclude that there has been a structural modification of the sexual organs”.
In Quebec, the requirement for surgery for a change of sex designation has not been in effect since 2015. In the days following the tabling of the bill, several groups denounced a historic setback in terms of of civil law.
Bill 2 as tabled also introduced the distinct concept of “gender identity”, which would have allowed a trans or non-binary person to put the initials “M”, “F” or “X” on their official documents. However, by retaining the “sex designation”, the bill threatened to create coming out forced,” some LGBTQ+ advocacy groups have observed.
In response to these criticisms, “the mention of gender identity will be assimilated to the mention of sex in the law”. “We will do as in the others [provinces et territoires], said Mr. Jolin-Barrette. As on the Canadian passport, for example. »
Towards a parliamentary sprint
In doing so, the Minister of Justice believes he is succeeding in “creating a third way for non-binary people”, while responding to the judgment of the Superior Court of Quebec rendered last year in Center for Gender Oppression c. Attorney General of Quebec.
Rendered in February 2021 by Judge Gregory Moore, this decision invalidated certain articles of the Civil Code relating to sex and gender identity. “This case highlights the difference between sex and gender identity and the discrimination that can occur when the law treats them as synonyms,” the magistrate wrote at the time.
Simon Jolin-Barrette believes he has listened to the grievances of the community and wants to make amends: “The objective is really to ensure that the community is reassured, [lui] indicate understanding [ses] concerns and that action is taken on [ses] comments. »
With four weeks of parliamentary work remaining and 360 articles to study, parliamentarians begin a sprint towards the adoption of Bill 2. Minister Jolin-Barrette assures that “there will be no gag” and invites the groups opposed to working with him. “I implore them to collaborate. »