Trans rights defenders say they are disappointed by a decision by the Quebec Court of Appeal which upholds a law requiring minors who wish to change their official sex designation to first obtain a letter from a health professional or a social worker.
Thursday’s ruling overturns a 2021 lower court ruling that declared the rule invalid, ruling that it violated the dignity and equality rights of trans and non-binary adolescent people.
Quebec law states that minors who request an official change of sex designation from the province must provide a letter from a doctor, psychiatrist, sexologist or social worker stating that the change is ” appropriate “.
Justices Geneviève Marcotte and Marie-Josée Hogue of the Court of Appeal said this requirement constitutes an appropriate measure to assess the “seriousness” of a minor’s intention to change their sex designation. The resulting limits on the rights of minors, as enshrined in the Quebec Charter of Rights and Freedoms and the Canadian Charter of Rights and Freedoms, are therefore justified, they declared.
However, the justices said the rule should not allow medical professionals to decide what a minor’s gender identity should be, but allow them to assess a minor’s understanding of the gender identity process. change of sex designation and whether she undertakes it voluntarily.
“Thus, the burden imposed on minors is reasonable in the circumstances,” write judges Marcotte and Hogue in the majority opinion, because “it takes into account their reality, the fact that they have not all reached their full potential. maturity and that some may be more vulnerable due to their age.
The committee’s third justice, Stephen Hamilton, delivered a concurring opinion, agreeing with his colleagues’ findings, but through a slightly different legal analysis.
Unreasonable obstacles
Reacting to Thursday’s ruling, Montreal lawyer Celeste Trianon said the letter’s provision poses unreasonable obstacles to trans youth seeking a change of sex designation.
The required professional assessment can be prohibitively expensive, especially for trans or non-binary minors who lack parental support or are homeless, Celeste Trianon said in an interview. It can also be difficult for trans and non-binary people to find sympathetic professionals, she said.
“If you go to professionals, you will be faced with many of the obstacles that exist within the system for obtaining health care for trans people in Quebec,” argued Celeste Trianon. This will create delays and, in many cases, create a financial barrier. »
Audrey Boctor, a lawyer for the Montreal-based Center for Gender Oppression — which argued in court against the letter requirement — said Thursday the organization was disappointed by the decision but could not not yet say whether she would appeal to the Supreme Court of Canada.
The Court of Appeal ruled in favor of the Center for the Fight against Gender Oppression on one point, ruling that minors aged at least 14 do not need to inform their parents to request a change of status. first name to match their gender identity.