Bill 2 is “the most transphobic bill ever proposed in Quebec”, according to an activist


Having separate “sex” and “gender” mentions on identity documents will result in “a sort of daily coming out for trans people,” says Quebec solidaire MP Manon Massé. “It’s not acceptable.”

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A Quebec bill to amend the Civil Code and change family law sets transgender rights back by a decade, according to LGBTQ + and trans activists.

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“This is truly the most directly transphobic bill ever proposed in Quebec, but also in Canada,” said Céleste Trianon, spokesperson for trans rights at the Center for Gender Advocacy.

Proposed Thursday by Minister of Justice Simon Jolin-Barrette, Bill 2 contains several disturbing elements, according to Trianon, including a stipulation that people can only request a change of sex on their birth certificate after having undergone a gender affirmation surgery on their sexual organs. The person’s sex will then have to be reconfirmed by a doctor who has not performed the operation.

“This is the most glaring change,” Trianon said, noting that such surgeries can make people infertile. “Essentially, the Quebec government is trying to reintroduce a sterilizing surgical requirement. This is something the trans community fought for its removal for so many years, until it was taken out in 2015. The fact that Simon Jolin-Barrette reintroduced it two days ago is really a direct attack on the trans community.

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Quebec law was amended in 2015 to allow adult Canadian citizens to change the gender designation on provincial identity documents, including health insurance cards and driver’s licenses, by completing an affidavit that the gender designation corresponds to their identity, as well as a certificate from someone who has known them for a year.

For people who do not meet the surgical requirement to change their designated gender on their ID, Bill 2 allows for the addition of a separate “gender” category on the documentation. But that doesn’t solve the problem, according to Trianon, because ID with the gender category added would be a clear sign that a person is trans, exposing them to possible discrimination and harassment.

“When these documents are presented, they reveal the fact that a person is trans,” Trianon said. “If an ID card says the sex is female, it reads like a woman; but if the gender identity is female, it reads like a trans woman. You can see how trans people could be separated and separated by this. “

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The changes in Bill 2 are part of the Department of Justice’s response to a decision by Quebec Superior Court judge Gregory Moore in January that ordered the government to make changes to Bill 71 in order allow trans and non-binary people to designate their own gender identity on their birth certificate so that they are properly identified. The case was brought against the government by the Center for Gender Advocacy.

“It was a big win for the trans community in January,” said Trianon. “Now the Quebec government has turned a victory into something truly devastating for the trans community. “

Manon Massé, co-spokesperson and Member of Parliament for Québec solidaire, said her party needs time to examine the 300 articles of Bill 2, but her first assessment is not positive.

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“There are elements concerning the rights of LGBTQ + people, which in our understanding of the law will be weakened,” said Massé. “We are backing down in terms of the rights of trans, intersex and non-binary people. It concerns us.

Massé referred to the “societal debate” that took place when the law was amended in 2015 to better respect the rights of trans people, noting that the CAQ was present in the discussion, but that the government now obliges trans people to have to prove a physical correlation with their gender identity.

“I thought we had passed that in Quebec,” said Massé.

Having separate “sex” and “gender” markings on the ID will result in “a sort of daily outing for trans people,” she added. “It’s not acceptable.”

Massé said she hopes the CAQ government listens to the outcry over Bill 2, adding that “LGBTQ + people can count on me to lead this fight.”

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  1. New regulations make it easier for trans people to change their gender on official documents.  Before the new regulations, only adults who had sex reassignment surgery could change their gender on official documents, according to Gabrielle Bouchard of the Center for Gender Advocacy in Montreal.

    Quebec’s new sex designation regulations come into effect on October 1

  2. On January 28, Judge Gregory Moore of the Superior Court struck down certain articles of the Civil Code because he considered them discriminatory against transgender people.  He felt that their right to dignity and equality was violated.

    Quebec will appeal a decision on changes to the Civil Code concerning transgender people

  3. Studies have estimated that 60 to 90 percent of children who identify as transgender no longer want to make the transition by the time they become adults.

    “I feel angry”: why some people regret and reverse their transgender decisions

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