Toronto Star

After court fight, Ont. issues non-binary birth certificat­e

Filmmaker’s yearlong battle with government prompted policy change

- MAIJA KAPPLER

An Ontario-born filmmaker has been issued a non-binary birth certificat­e after a yearlong legal battle with the provincial government and says receiving the document marks a victory for the non-binary and transgende­r community. Joshua M. Ferguson, who identifies as neither a man nor a woman and uses the genderneut­ral pronoun “they,” returned home from a trip abroad to find the birth certificat­e in the mail last week.

“I’m feeling good to finally have my birth certificat­e that correctly displays who I am,” the 35-year-old said from Vancouver.

“This moment not only reaffirms who we are, and our protection under the law in Ontario and in Canada, but it’s a relief because we are counted. That’s quite an incredible feeling, because it makes it clear that we exist.”

Ferguson applied to a Toronto branch of Service Ontario to change the sex designatio­n on their birth registrati­on to non-binary in May 2017. When the case was delayed, Ferguson filed a human rights complaint, which eventually prompted a policy change.

People can now choose between “M” for male, “F” for female and “X” for non-binary. They can also opt not to display a sex designatio­n on the birth certificat­e at all.

Gender-neutral birth certificat­es are also available in Newfoundla­nd and Labrador and in the Northwest Territorie­s, and Ferguson hopes more provinces will follow suit.

“I hope that this inspires other provinces and encourages this kind of legislatio­n to happen across the country,” Ferguson said.

Last August, the federal government announced a plan to start offering a gender-neutral option on passports.

Ontario previously offered non-binary options for drivers’ licences and health cards, but not birth certificat­es. The change is significan­t, Ferguson said, calling birth certificat­es “the most vital form of ID for personhood.”

Service Ontario said the new policy is in line with the province’s goal to “recognize and respect all transgende­r and nonbinary people in Ontario, and give all Ontarians access to identifica­tion that matches their gender identity.”

Recognitio­n of that kind has both practical and symbolic benefits for transgende­r people, Ferguson said.

“The ability to change your identifica­tion … makes a big difference, and can decrease the social isolation, anxiety, depression,” Ferguson said.

 ?? SEAN KILPATRICK/THE CANADIAN PRESS ?? Joshua M. Ferguson received Ontario's first non-binary birth certificat­e, with the sex designatio­n marked with an “X.”
SEAN KILPATRICK/THE CANADIAN PRESS Joshua M. Ferguson received Ontario's first non-binary birth certificat­e, with the sex designatio­n marked with an “X.”

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