STATEMENT ON APPEAL OF CENTRE FOR GENDER ADVOCACY COURT CASE
April 26, 2021
Content Warning: Discussions of transphobia and mental health
On March 5, 2021, the Attorney General of Quebec announced the government’s decision to parts of the on the Superior Court case . The January court ruling, rendered by the Honourable Justice Gregory Moore, invalidated sections of the Civil Code of Quebec which were deemed to violate trans* people’s rights to dignity and equality. In doing so, the ruling ordered several changes to the Civil Code to validate the identities and lives of trans* individuals, including by allowing non-binary parents to be legally identified as “parent” rather than “mother” or “father,” allowing non-citizens to change their name and sex designation, and removing the requirement for youth aged 14 to 17 to have a letter of approval from a healthcare professional in order to change their legal sex designation.
This ruling was lauded as a and a historic win for the legal rights of trans* people, especially trans* youth, who were granted more control over their lives and identities because of it. The Quebec Attorney General, however, is seeking to deny trans* youth of this self-control, by reversing one of Justice Moore’s conclusions. If granted, the appeal would restore the that youth aged 14 to 17 who want to change their legal sex designation must have a letter from a professional such as a psychologist, that declares that the change of designation is appropriate for the individual.
The ɫ Gender and Sexuality Advocacy Committee and ɫ Executive Committee strongly oppose this decision to appeal, and express our solidarity with trans* youth. This appeal is patronizing of trans* youth, as it implies that they are not capable of knowing their own gender identity, taking the decisions about their transitions out of their hands and into those of healthcare professionals.
While it may seem reasonable to some, the requirement for a letter from a professional would force trans* youth to legitimate their identities in ways that are often inaccessible and painful in order to attain gender-affirming healthcare. by Queer McGill, “Gender-affirming healthcare has numerous barriers, and for many the process of obtaining a professional letter, such as from a psychologist, is dangerous and impossible to achieve.” Such a requirement would maintain the social and economic inaccessibility of services for trans* youth, especially trans* youth with disabilities and trans* youth of colour.
Changes to legal gender markers significantly help trans* youth’s mental health and facilitate their access to affirming healthcare without constantly outing themselves. Upholding the invalidations made by the Superior Court would therefore prevent unnecessary harm and damage to the wellbeing of trans* youth. This, in conjunction with the overall damage on the health of trans* people that will occur if the original invalidation of the transphobic aspects of the Civil Code does not stand, is why we support the statements of the Ի to denounce the appeal, as well as the Centre for Gender Advocacy’s in this court case, in calling upon the Court of Appeal to uphold the original ruling of Justice Gregory Moore.
Signed,
The ɫ Gender and Sexuality Committee
The ɫ Executive Committee
Here are some institutional mechanisms for reporting and disclosure within student associations and at McGill University:
- ɫ Equity Policy and ɫ Equity Commissioners
- ɫ Gendered and Sexual Violence Policy
- MCSS (Macdonald Campus Students’ Society) Equity Commissioner
Below is a list of mental health resources at McGill and in Montreal:
- , 24/7 access to licensed counsellors available to all McGill students
- Tel-Aide: 514-935-1101
- Crisis Text Line: Text ‘CONNECT’ to 686-868
- Suicide Action Montreal: 1-866-277-3553
- Centre for Gender Advocacy Peer Support Line: 514-848-2424 x7880
- Trans Lifeline: 877-330-6366
- Interligne: 514-866-0103 (Toll-free/text messaging: 1-888-505-1010)
- Project 10: 514-989-4585
