GENDER RULING WILL ‘SAVE LIVES’
Families applaud change to remove markers from birth certificates
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.