Saskatchewan court authorizes removal of gender from birth certificates

Canadian provinces have been progressively moving towards the removal of gender identification on birth certificates.

Newfoundland and Labrador allow non-binary markers on birth certificates, Alberta has amended legislation in anticipation of the same transitory act and Ontario has begun providing options for “M,” “F,” or “X” on birth certificates.

Saskatchewan will be the first province or territory in Canada to sanction a complete dismissal of gender identity markers on birth certificates.

“This court order marks an important day in our province. The ability to remove gender markers from birth certificates will greatly benefit our transgender community,” said David Arnot, Chief Commissioner of the Saskatchewan Human Rights Commission (SHRC).

“We know that transgender people and people who identify as non-binary face discrimination in many aspects of life — housing, employment, even travel restrictions — in part because of the mismatch between their gender identity and their government-issued identification. This order is certainly a step towards resolving those issues.”

The decision was made by the Court of Queen’s Bench on the afternoon of May 24 as a result of two human rights complaints filed with the SHRC.

The complaints argued that Section 12 of the existing legislation were in conflict with the Saskatchewan Human Rights Code.

In response, the Court removed the age limit, allowing youth under 18-years of age to apply for alterations of the gender marker on their birth certificate.

Additionally, the Saskatchewan provincial government is authorizing the removal of “M” and “F” signatures from resident's birth certificates.