Edmonton Journal

16 amended birth certificat­es issued since April

Landmark ruling more inclusive of transgende­r people

- MARIAM IBRAHIM

When the Alberta government made it easier for transgende­r people to receive amended birth certificat­es reflecting the gender they identify as, 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 of transgende­r people.

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. Instead, the new requiremen­ts will be spelled out in regulation­s that have not yet been drafted.

The province continues to accept applicatio­ns from people wanting to change their birth certificat­e gender on a case-by-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 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,” Elliott said. The province is considerin­g how other jurisdicti­ons have handled the issue, she said.

The B.C. government in May passed its own law allowing people, including minors with the permission of a parent or guardian, to change the gender on their birth certificat­e without first undergoing surgery.

Ontario also dropped its surgical requiremen­t after a human rights tribunal ruling found it to be discrimina­tory, but the option is only available to those 18 or older.

Quebec and Manitoba have laws allowing gender to be more easily changed on a birth certificat­e.

 ?? SHAUGHN BUT TS/EDMONTON JOURNAL ?? Stephanie Shostak is a transgende­r woman and one of the first 16 Albertans to receive an amended birth certificat­e following rule changes.
SHAUGHN BUT TS/EDMONTON JOURNAL Stephanie Shostak is a transgende­r woman and one of the first 16 Albertans to receive an amended birth certificat­e following rule changes.

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