Appeal of one of the findings of the judgment on trans and non-binary people
MONTREAL - The Attorney General of Quebec will appeal one of the conclusions of the Moore judgment, which had invalidated certain articles of the Civil Code relating to the designation of trans and non-binary persons.
This is the part of the judgment which concerns minors aged 14 to 17 who wish to change their sex with the Registrar of Civil Status.
On January 28, Judge Gregory Moore, of the Superior Court, invalidated certain articles of the Civil Code and a regulation, because he considered them discriminatory against trans and non-binary people. He felt that their right to dignity and equality was being violated.
The articles that were in dispute refer to a person's sex and use the terms “father” and “mother” rather than “parent”
on civil status documents such as birth certificates.
Thereupon, Quebec does not intend to remove the terms "father", "mother", "man", "woman" in its forms. He assures us that these terms, which are entrenched in popular parlance, are here to stay. But he will add one or more terms
on his forms, for people who do not identify with either.
This is the part of the judgment which concerns minors aged 14 to 17 who wish to change their sex with the Registrar of Civil Status.
On January 28, Judge Gregory Moore, of the Superior Court, invalidated certain articles of the Civil Code and a regulation, because he considered them discriminatory against trans and non-binary people. He felt that their right to dignity and equality was being violated.
The articles that were in dispute refer to a person's sex and use the terms “father” and “mother” rather than “parent”
on civil status documents such as birth certificates.
Thereupon, Quebec does not intend to remove the terms "father", "mother", "man", "woman" in its forms. He assures us that these terms, which are entrenched in popular parlance, are here to stay. But he will add one or more terms
on his forms, for people who do not identify with either.
It is on a conclusion of the Moore judgment which has caused less talk that Quebec is appealing: the one which deals with young people aged 14 to 17 who want to change their sex.
Currently, a 14 to 17-year-old who wishes to change sex must present a letter signed by a designated professional, such as a psychologist, who has followed or assessed them and who deems the process appropriate in their case. .
Judge Moore had ruled that this was discriminatory, since young people between the ages of 14 and 17 were then treated differently from adults, who do not need to present such a document signed by a professional.
“It is important that the Court of Appeal rule on the constitutionality of one of the invalidated provisions. This provision concerns any minor child from 14 to 17 years old who wishes to change sex with the Registrar of Civil Status. It affirms the need for the child to be supported by a professional or a designated professional. This framework aims in particular to confirm the seriousness of the step undertaken by the child, and this, in his best interest, justifies the Attorney General of Quebec, in a press release released Friday.
Judge Moore had suspended the application of his judgment until December 31 to give the legislator time to comply with it.
In this regard, Quebec says it is currently working on amending certain legislative provisions to present them "within the allotted time".
Currently, a 14 to 17-year-old who wishes to change sex must present a letter signed by a designated professional, such as a psychologist, who has followed or assessed them and who deems the process appropriate in their case. .
Judge Moore had ruled that this was discriminatory, since young people between the ages of 14 and 17 were then treated differently from adults, who do not need to present such a document signed by a professional.
“It is important that the Court of Appeal rule on the constitutionality of one of the invalidated provisions. This provision concerns any minor child from 14 to 17 years old who wishes to change sex with the Registrar of Civil Status. It affirms the need for the child to be supported by a professional or a designated professional. This framework aims in particular to confirm the seriousness of the step undertaken by the child, and this, in his best interest, justifies the Attorney General of Quebec, in a press release released Friday.
Judge Moore had suspended the application of his judgment until December 31 to give the legislator time to comply with it.
In this regard, Quebec says it is currently working on amending certain legislative provisions to present them "within the allotted time".
Lia Lévesque, The Canadian Press
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