Non-binary people, who have been waiting for this moment since the adoption of a law in the National Assembly almost two years ago, will finally be able to obtain a driving license marked “X” from May 8, has learned The duty.
The government confirmed at the beginning of March that identity documents from state-owned companies such as the Régie de l’assurance santé (RAMQ) and the Société d’assurance automobile du Québec (SAAQ) could, as planned, display the non-gendered identity of people who request it. However, until last week, the SAAQ still refused in its responses to the media to reveal the date on which the cards in question would be produced.
“We will be able to [le] clarify shortly,” media relations coordinator Gino Desrosiers simply responded in an email exchange a week ago.
By consulting an email from the SAAQ addressed to a person who requested a modification, The duty was however able to confirm that it is “from May 8, 2024 [que] the SAAQ will be able to process requests to modify the gender designation “M” or “F” for the designation “X” on the driver’s license.”
“People who have already submitted a modification request to the SAAQ will be […] contacted to be informed,” indicated the state-owned company. Around 55 people were affected, at last count.
At RAMQ, no date has been circled on the calendar. “It will definitely be done soon,” said media spokesperson Caroline Dupont when contacted by The duty.
The Director of Civil Status has already sent the files of 520 people awaiting modification to the Régie. Their new health insurance cards with “X” marker will be sent to them in due time. “ [Elles] do not have any steps to take,” said M.me Dupont, Wednesday.
Long saga for non-binary people
The government had been working on this measure for some time, before the minister responsible for the fight against homophobia and transphobia, Martine Biron, as well as the Minister of Families, Suzanne Roy, postponed its entry into force until the committee of wise men appointed to look into issues of gender identity will deliver its final report at the end of 2025.
Then, in early March, the committee of wise men in question finally invited the relevant government agencies to move forward as planned.
By allowing anyone who asks to write “X” rather than “F” or “M” on their identity documents, the government was therefore lining up behind the spirit of its own law, which the Minister of Justice, Simon Jolin-Barrette, had it adopted in 2022, and which allowed people requiring it to have their gender marker modified in civil status documents.
Alexe Frédéric Migneault, a non-binary person waiting for a change to his health insurance card, made headlines by going on a hunger strike to win his case last year. The RAMQ finally agreed to go to mediation in February.
According to Gen Ste-Marie, from the TransEstrie organization, the people affected emerge “exhausted”, “anxious” and “tired” from this episode: “These people are afraid for their safety, and we added another layer by saying: “we are going to make this as complex as necessary at the administrative level”. We felt a little like we were in the madhouse in Asterix and Obelix. There is this atmosphere which has been very, very present for several years. »
Celeste Trianon, lawyer at the Juritrans clinic, criticizes the government for having made certain people endure “seven, eight years” of waiting. “Quebec is dead last, by several years, at the moment,” she said in an interview.
“To me, it’s ridiculous. They have not forgotten the fact that the right to dignity is protected by the Quebec Charter [des droits et libertés de la personne] “, she added. “I noticed violations of the law, by the government itself, in a situation that I would describe as absurd. »
Long in the making
Both the RAMQ and the SAAQ had been working on the “X” marker for a while. The duty notably obtained through access to information a government impact analysis “on the updating of practices relating to gender and sex”.
This document, which circulated in government departments and agencies (MO), proposed among other things that “when necessary, MO [offrent] three terms to display on identity documents, namely “male”, “female” and “non-binary” represented by the literal symbols “M”, “F” or “X”” and that a “quick mechanism with requirements proportionate to the level of security” be put in place for people requesting a change to their gender marker.
The government had also produced a “Guide to good practices in inclusive verbal communication”, also obtained under the Act respecting access to documents held by public bodies and the protection of personal information.
It is recalled that the French language has only two grammatical genders. “Non-binarity necessarily occurs outside this framework,” we read in the two-page document. For its authors, it is better to approach citizens with neutral, but “warm” formulas. The use of “Hello sir” or “Hello madam” should be avoided, since it “carries a certain risk (although small) of misgendering a person”.
To avoid disappointment, it is better to ask your interlocutor how they wish to be addressed. “Will you allow me to use your first name in this conversation?” » suggests the guide. “If you think you made a mistake and misgendered someone, apologize and continue the conversation. »
According to the 2021 census, Quebecers identifying as non-binary represented 0.09% of the total population, or just over 6,000 individuals.
With Isabelle Porter and Dave Noël