Our Montreal office represented Gender Creative Kids Canada, as interveners, in advocating for the rights of trans youth between 14 and 17 years old and successfully argued that certain provisions of the Civil Code and regulations violated their rights to equality and dignity. The judgment, rendered on January 28, 2021, will help trans, non-binary and intersex individuals to obtain official identification documents that match their identity.
Several plaintiffs and interveners, including our client, contested the constitutional validity of various provisions of the Civil Code of Quebec and other provisions regarding the registrar of civil status.
On January 28, 2021, the Superior Court of Québec ruled that six provisions of the Civil Code of Quebec and one provision of a regulation violated the rights to equality and dignity of trans, non-binary and intersex people.
The decision confirms that having documents that correctly reflect one’s chosen name and gender is protected by the rights to equality and dignity guaranteed by the Canadian and Quebec charters. The decision will notably facilitate the change of sex and name with the registrar of civil status for trans youth non-citizens and non-binary individuals and parents.