Quebec minister defends trans rule change, but is open to suggestions

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QUEBEC – Justice Minister Simon Jolin-Barrette defended proposed legislation allowing the addition of a separate gender category to Civil Code documents, but says he is open to hearing other points of view.

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Despite protests from some groups saying the change in family law delays the rights of transgender people, Jolin-Barrette said Tuesday that she believes the legislation, Bill 2, is a step forward because it allows that everyone identifies with a gender: masculine, feminine or not. binary.

However, Jolin-Barrette insisted that he is not closed-minded. Hearings will be held on the bill.

“I listened to the critics,” Jolin-Barrette told reporters in the legislature. “I took note. I will reflect on all this. I’m in solution mode to ensure that the LGBTQ and trans community feel comfortable with all of this.

“I am very open to listening to them in the consultation process and finding a way forward and a solution.”

He said that the objective of the bill is to respond to the judgment of the Superior Court that invalidates articles of the current legislation.

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“What the judge says is that we should not confuse sex with gender. We are trying to find a solution that allows everyone to express their gender identity, including non-binary people. Non-binary people were completely absent, so we modified more than 30 laws to make sure we respond to the ruling and allow them to sign up. “

Introduced last week in the National Assembly, Bill 2 is Quebec’s response to a decision by Quebec Superior Court Judge Gregory Moore.

In January, the judge ordered the government to make changes to Bill 71, adopted in 2015 by liberals, to allow trans and non-binary people to designate their own gender identity on their birth certificate so that they can correctly identify themselves. on provincial IDs, which include health care cards and driver’s licenses.

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The new bill says that people can only request a sex change on their birth certificates and documents after undergoing gender affirmation surgery on their sexual organs. This has not been a requirement to change your documents since 2015. The sex of the person would have to be reconfirmed by a doctor who did not perform the surgery.

The bill has been criticized by activists, with some saying it is the most transphobic bill ever proposed in Quebec and Canada. Québec Solidaire co-spokesperson Manon Massé said her party’s initial assessment of the bill is not positive.

“We are backtracking on the rights of trans, intersex and non-binary people,” Massé said over the weekend. “It concerns us.”

But Jolin-Barrette insisted that the opposite is true: it is a step forward.

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“Our fundamental goal is to ensure that every person in their community, in the LGBTQ community, can have a gender identity and be able to express themselves,” said Jolin-Barrette. “We want to find a place for them in state documents.

And I want to reiterate. It is not necessary for people to undergo a surgical procedure to identify their gender. This is important.

“This is a step forward in ensuring that people can express their gender in their civil documents. … I think we have to explain… the government’s desire to include the majority of Quebecers in gender identity ”.

But the groups continued to react negatively to the bill.

The Gender Creative Kids group, a community organization that supports trans, non-binary and gender fluid youth, said Bill 2 is a step backwards.

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In a statement, the group said that limiting gender reassignment to those who have undergone surgery is “inherently unacceptable” because it ostracizes young people who have to wait until they are of age to undergo such surgeries.

And later, during the question period in the National Assembly, liberal critic of the LGBTQ community, Jennifer Maccarone, said that Jolin-Barrette is the only person who does not see Bill 2 as a step backwards.

“Legal experts, including the dean of McGill Law School, say this is a significant step backward,” Maccarone said. “No one asked the CWC government to force trans people out. This is not a step forward, it is a step back. “

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