Court hears fight for non-binary status
Activist wants third option on birth certificates
ST. JOHN’S, N.L. •A New foundland and Labrador court will hear the case of a transgender activist vying for a non-binary birth certificate this fall.
Gemma Hickey appeared in the province’s Supreme Court in St. John’s Friday to set a Nov. 22 date for arguments in a challenge of the Vital Statistics Act’s change-of-sex designation provision.
Hickey is taking legal action against the N.L. government to have a gender other than male and female formally recognized on such documents.
“I wanted to send a message out to people that are different, who don’t fit into an either-or category,” Hickey said. “It’s important that people have the space to be who they are, and express that through gender. We deserve to be recognized.”
Hickey, who runs a foundation for survivors of sexual abuse, has taken testosterone and is transmasculine, but identifies as non-binary.
Hickey’s lawyer, Brittany Whalen, said she is waiting for the provincial government to file a response.
“We’re prepared to make arguments,” Whalen said. “Ideally, we’d like to see not only Gemma receive the birth certificate that Gemma’s looking for … We’re hoping to change the legislation.”
Last month, the Senate passed a bill that protects Canadians from discrimination based on gender identity or expression. Whalen said she plans to address Bill C-16 in her arguments.
Service NL’s Marc Budgell said the agency is working with its provincial and federal counterparts to review issues surrounding the representation of gender identity on official documents. He said Service NL does not comment on specific filings made in the Vital Statistics division for privacy reasons.