In what a London lawyer is calling a “game-changing decision,” the Ontario Human Rights Tribunal has struck down a rule that required trans people to undergo “transsexual surgery” in order to change the sex category on their birth certificates.

Released April 11, the 95-page decision follows a challenge by one trans woman who complained she was discriminated against because she could not change her legal documents unless she had surgery.

The tribunal found that the Vital Statistics Act requirement of “transsexual surgery” prior to changing the sex designation on a birth certificate discriminates against trans people, she says. The provincial government has been ordered to remove this stipulation.

Whether this  means anything for the situation in Manitoba remains to be seen, though one person involved in the Ontario case says

[this] precedent-setting decision could force changes to legislation in other provinces and territories

The World Professional Association for Transgender Health (WPATH) released it’s 7th Version of Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People (SOC) in Atlanta today. The previous Version 6 was published in 2001. Overall, this newest SOC represents significant forward progress in respecting trans people and affirming the necessity of medical transition care for trans and transsexual individuals who need it.

View the SOC 7 here.

May 5, 2011

NEW RULES WOULD MEAN CRIMINALS COULD NOT HIDE BEHIND LEGAL CHANGE OF NAME
– – –
Fingerprints Would Link Changes of Name to Criminal Records: Mackintosh

The province would provide police with greater certainty in the protection of all Manitobans by requiring applicants for changes of name to undergo fingerprinting, Family Services and Consumer Affairs Minister Gord Mackintosh announced today.

“You can run but you can’t hide is the intent of this rule,” Mackintosh said. “It will reduce the risk of criminals, including sex offenders, organized crime associates and fraudsters, changing their names, disappearing into new locations unknown to police and justice officials with what appears to be a clear criminal record. It will also better guard against innocent people being linked to a person with a criminal record.”

The new rules would require name-change applicants to submit to fingerprinting at designated law enforcement agencies throughout the province. Those agencies would forward the fingerprints and name-change information to the RCMP. If there is a match, the new name would be added to the individual’s criminal record. If there is no match, the fingerprints would be destroyed.

The new fingerprint rules, similar to those in B.C. and Alberta, would not apply to name changes resulting from marriages or divorces. Manitoba’s rules would include youth but the province has asked for recommendations from senior officials on how they should apply to a youth who is changing a name.

In exceptional circumstances, the fingerprint requirement would be waived when, for example, a name change is sought to ensure confidentiality for victims of domestic violence or stalking, the minister said.

“No longer will child sex offenders be able to hide their previous criminal histories when they are screened for employment or volunteer opportunities. We applaud the Manitoba government for closing this loophole which will better protect Manitoba’s children,” said Lianna MacDonald, executive director of the Canadian Centre for Child Protection.

“This new rule would ensure those attempting to elude detection through name changes will come to the attention of the RCMP when being dealt with in our communities,” said Assistant Commissioner Bill Robinson, commanding officer of RCMP ‘D’ Division. “The ability for the RCMP to quickly and accurately identify offenders and those participating in criminal activities who have criminal records is crucially important to law enforcement agencies in Manitoba and across Canada. As the commanding officer of the RCMP in Manitoba, I am very pleased that this change has been introduced.”

“The Winnipeg Police Service supports this change as it targets offenders and protects the public and those most vulnerable,” said Winnipeg Police Chief Keith McCaskill. “This is a valuable step in the right direction and we encourage other jurisdictions to follow suit.

“All Canadian jurisdictions are examining the name-change process and Manitoba will be among the first provinces to introduce these much-needed changes to ensure criminals do not hide behind new names,” Mackintosh concluded.

- 30 -

Mercedes Allen reports:

With [last] Friday’s election call, Bill C-389, An Act to Amend the Canadian Human Rights Act and Criminal Code (gender identity and gender expression) dies. … Bill Siksay confirms on his Facebook page that Private Members bills do not carry over after an election, and will have to start from zero again.

Bill C-389, which aims to give trans Canadians explicit rights under the Human Rights Act and the hate-crimes provision of the Criminal Code, passed the House of Commons [Feb. 9] with a vote of 143 to 135.

The vote can be viewed here: http://parlvu.parl.gc.ca/ParlVu/Cont…tEntityId=7240. It starts at the 4:31 mark (4 hours, 31 minutes) into the clip.

The debate from two days prior can be viewed here: http://parlvu.parl.gc.ca/ParlVu/Cont…tEntityId=7239. It starts at the beginning of the clip.

It is important that we now lobby senators to pass this bill soon. If the next election is called before then, the bill will die.

An update on the Senate situation, also from Xtra:

Bill C-389, which would give trans Canadians explicit protection under the law, has made it through the House of Commons, but it’s going to be a long fight in the Senate. With government law-and-order bills dominating the committee schedule, it could be some time before the bill gets proper study – provided we don’t have an election first.

The bill has a Facebook group.

BE IT RESOLVED THAT the Canadian Bar Association urge the federal, provincial and territorial governments to review their legislation and policies, especially human rights legislation and hate crimes under the Criminal Code, and make amendments necessary to protect individuals from discrimination on the basis of gender identity and gender expression.

From the publisher:
The Color of Sunlight is a rural Montana nurse’s journey through the emotional and spiritual landscape of her remarkable patient; a blind, terminally ill transgender woman who had much to give and nothing left to lose. It is a factual account of a friendship that transcended the barriers of class, gender and disability; a story told from the heart, with simple humility and unflinching honesty. Two women from different worlds meet in the twilight of a life and the result is a tale that will uplift you, illuminate you and enrich your spirit.

Book website

A limited number of copies are available for purchase ($20) at the Rainbow Resource Centre.

Start Time: 19:00:00
Date: 2010-06-14
Description: Flying Blind (and getting there just the same): The Transitioner’s Handbook

Born into the middle sex, Kate finally put her foot down and said “That’s enough – time to remove all the confusion.” This is a handbook for anyone going through the same journey, or people who are curious as to why anyone on earth would ever change their sex.

Kate McDonald has her B.A., her LL.B. and a degree in life that no one should ever have to take. Keeping a sense of humour about such a sensitive subject is the only way to survive it – Kate’s hope is that others will too.

Protections from discrimination based on gender identity; Your Rights, Your Obligations identifies protections from discrimination on the basis of gender identity under The Human Rights Code (Manitoba) in employment, services and housing.