The Quebec Court of Appeal has upheld a rule that mandates minors who want to change their official sex designation to obtain a letter from a health professional or social worker confirming the change is "appropriate."
The decision reverses a ruling from last year by a lower court judge who found that the requirement violates the dignity and equality rights of transgender and non-binary teenagers in the province.
However, in its ruling released today, the Court of Appeal argues that requiring a letter is a reasonable way to assess the seriousness of minors’ desire to change their sex designation.
The rule permits health professionals to evaluate minors’ understanding of the sex designation change process, but it does not authorize them to determine someone’s gender identity, according to the court.
Celeste Trianon, an advocate for the rights of transgender people in Montreal, argues that the requirement for such an evaluation still creates a financial obstacle for transgender youth seeking official recognition.
Audrey Boctor, a lawyer representing the Montreal-based Centre for Gender Advocacy, which contested the letter requirement in court, expresses disappointment with the decision but has not confirmed whether an appeal to the Supreme Court of Canada will be pursued.
