Saskatoon StarPhoenix

GENDER RULING WILL ‘SAVE LIVES’

Families applaud change to remove markers from birth certificat­es

- HEATHER POLISCHUK hpolischuk@postmedia.com twitter.com/LPHeatherP

REGINA In what the Saskatchew­an Human Rights Commission (SHRC) is calling a landmark case in Canada, a judge’s ruling has allowed for the removal of gender markers from birth certificat­es.

“Though we, as parents, did this for our own children, this decision applies to everyone, regardless of age, race or belief,” said an emotional Fran Forsberg as she stood outside Regina Court of Queen’s Bench, her child Renn tucked under her arm. “We have fought for over five years for Renn ... Today, we rejoice in this massive step forward and its history-making impact on the lives of our youth and for everyone.”

Moments later, Fran — whose children Renn and Skylar identify as two-spirit or transgende­r — suggested the decision goes far beyond a simple change to an identity document.

“This is going to save lives,” she said.

This week, Queen’s Bench Justice Lana Krogan issued a decision in a suit launched on behalf of two youths, challengin­g portions of existing legislatio­n mandating identifica­tion on birth certificat­es as male or female.

Krogan noted The Vital Statistics Act previously had no mechanism to amend the gender identifier for people under 18, or for those who do not identify as either male or female.

“The (Saskatchew­an Human Rights) Code is essential to the health and strength of our community,” Krogan wrote. “Section 3 captures the objects of the Code which include recognitio­n of the inherent dignity and equal, inalienabl­e rights of persons. The Code also supports the advancemen­t of public policy that aims to eliminate discrimina­tion. Such discrimina­tion includes the denial of services offered to the public on the basis of a prohibited ground.”

One such prohibited ground, she said, is gender identity.

Krogan wrote the respondent­s — the provincial government and eHealth Saskatchew­an — acknowledg­ed relevant sections of the Act were discrimina­tory in not allowing the youths to change or remove the sex designatio­n on their birth certificat­es.

She added the respondent­s neither consented nor opposed the SHRC’s request to grant the changes.

“A response from the court is required to preserve the dignity of the complainan­ts and to recognize the equal, inalienabl­e rights of all persons,” Krogan wrote.

Finding the existing legislatio­n amounted to a breach of the Code, she ordered the changes be made to the birth certificat­es as requested. The decision allows for identifica­tion as “M” or “F” or to have either designatio­n removed.

“This court order marks an important day in our province,” said David Arnot, chief commission­er of the SHRC. “The removal of gender markers from birth certificat­es will greatly benefit our transgende­r community.”

Dustin Dyck, father of 15-yearold Jordyn — one of the complainan­ts on the case — called the decision a “big step” to showing transgende­r and gender nonconform­ing youth their province believes in them and, hopefully, lowering high self-harm and suicide rates among young people in those communitie­s.

“Yesterday, when we got the news, I was without words ...,” Dustin said. “I’m excited, I’m overwhelme­d. I’m beyond happy. This is going to save many, many lives.”

“When I was younger, I always wanted to become who I was, so now I can become the person I am inside ...,” Jordyn said. “I think that this could change many people’s lives.”

Lawyer Larry Kowalchuk, who represente­d the complainan­ts, said this decision will now become a precedent, informing other cases and helping to educate law students, judges, politician­s and citizens.

“Perhaps this is a turning point and an opportunit­y for us all to promote the human right to dignity and respect, to self-express in a way that promotes love and peace, to honour the right of youth to build self-esteem on their own terms, and to end the terrible harm we have caused,” he said.

 ??  ?? Fran Forsberg says Friday’s landmark court ruling on gender markers on birth certificat­es will help save the lives of transgende­r adolescent­s like her child Skylar, who was with her at an earlier court date. ‘We rejoice in this massive step forward,’...
Fran Forsberg says Friday’s landmark court ruling on gender markers on birth certificat­es will help save the lives of transgende­r adolescent­s like her child Skylar, who was with her at an earlier court date. ‘We rejoice in this massive step forward,’...

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