Alberta easing gender identity

Transgendered people get new birth certificates

When the Alberta government made it easier for transgender people to receive amended birth certificates reflecting their gender accurately, Stephanie Shostak wasted no time putting in her application.

“I felt very happy. As soon as I heard about the ruling I started to do some inquiries,” said Shostak, 42, a transgender woman who last summer began her transition from living as male to living as female.

Within a week of submitting her application, Shostak had a new birth certificate in her hands, this one with an “F” to reflect the gender she presents in her daily life.

Shostak is among the 16 Albertans who have received amended birth certificates since April when the government announced it would be loosening its requirements to be more inclusive.

Getting a new birth certificate meant Shostak could finally apply for a passport that would also reflect her gender identity, a process most other Canadians would take for granted. For the first time, her documents reflect a consistent, and accurate, gender.

“If you’re presenting as one gender and your identification is stating something to the contrary, that’s going to cause you more headaches than are really necessary,” said Shostak, a board member of the Trans Equality Society of Alberta. “You don’t need to be outed without your consent.”

Alberta’s changes followed a groundbreaking Court of Queen’s Bench decision in April that ruled the portions of the province’s Vital Statistics Act requiring proof of gender reassignment surgery before documentation can be changed as unconstitutional.

The transgender woman who challenged the law, known only as C.F. because of a court-ordered publication ban on her identity, became the first Albertan to be granted an amended birth certificate under the changed requirements. She received it on April 24.

“It was significant. I was very happy with that. It was the culmination of a long process for me and throughout that process I felt very alone,” said C.F., who represented herself in the court case.

Before the court ruling, provincial legislation required transgender people provide proof of gender reassignment surgery with two affidavits signed by medical doctors.

Since then, the province has introduced amendments to the Vital Statistics Act to remove the surgical requirements, while new requirements will be spelled out in future regulations.

In the meantime, the province continues to accept applications from people wanting to change their birth certificate gender on a caseby-case basis, said Service Alberta spokeswoman Lisa Elliott.

Applicants must provide a signed declaration stating the gender they identify as, along with a supporting letter from a medical doctor or psychologist confirming the applicant’s gender identity.

The process is open to minors with the permission of a parent or guardian.

“At the end of the day with this we want to ensure the laws that we have reflect the values of Alberta’s society and how things have changed, but also respect the rights of Albertans and be accepting of all people regardless of gender identity,” she said.