Activist takes N.L. to court

ST. JOHN’S, N.L. – A transgender activist vying for a non-binary birth certificate is taking legal action against the Newfoundland and Labrador government. Gemma Hickey has filed an application with the province’s Supreme Court in St. John’s challenging the change-of-sex designation provision of the Vital Statistics Act, saying it is unconstitutional and violates provincial and federal human rights legislation.

Hickey applied for a non-binary birth certificate in April and is believed to be the first in Canada to do so.

On the change-of-sex designation form there were only two options – male or female – so Hickey wrote in “non-binary” and checked it off.

Hickey says Service NL is still considering the application, and Hickey is without a birth certificate in the meantime, as the original was submitted with the