In Quebec, non-binary people, or those who do not identify as men or women, can now check “X” markers on official government documents without undergoing surgery.
Under the new family reform law passed on June 7, 2022, non-binary parents do not have to identify themselves as the father or mother of their baby. They can identify themselves as the “parent” rather than using labels.
The new legislation, Bill 2, allows trans people to alter their sex designation on government identification documents without any fees.
Fronted by Justice Minister Simon Jolin-Barrette, Bill 2 was first introduced in October 2021 as a family law reform in Quebec, which had not seen any changes for roughly 40 years.
Celeste Trianon, a trans advocate and educator at the Centre for Gender Advocacy (CGA), described the new legislation as “a nightmare turned victory.” Trianon said the bill, in its unamended form, would have set back trans rights by more than a decade in the province. But now, she believed it could help create positive changes to recognize legally trans and non-binary people in Quebec.
Initially, Jolin-Barrette wanted to require gender-affirming surgery on any individuals who wanted to change their gender designation on official papers.
But, the lesbian, gay, bisexual, and transgender (LGBT) community protested against this measure, saying it would force trans people to “come out” on government documents.
According to Trianon, the bill’s first version was written with complete disregard for the transgender community. The protest involved coordinated community action across Quebec.
The movement included media interviews, outreach to politicians, over 35,000 email messages sent to Members of the National Assembly (MNAs), and more than 40 briefs to the National Assembly.
Because of the protests, the minister withdrew the controversial measure from the bill.
Although the bill was passed, cries of disappointment continued from other politicians in the province.
Liberal Member of Parliament (MP) Jennifer Maccarone said that the new legislation disappointed members of the LGBT community since many parts of the amendment had to be set aside because of how the process was handled.
Quebec Party MP Véronique Hivon also expressed her disappointment with the turn of events, saying that the queer and trans community waited three and a half years for the work on the reform to begin.
Bill 2 was one of the main family law reforms Jolin-Barrette and the government worked on this year. There will be another discussion about a reform that reviews the rules of conjugality, including the issue of the obligations of common-law partners compared to married couples.
If you are one of the people dealing with legal issues within your family, reach out to Toronto family lawyers who can give you the advice you need.
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