Case for non-binary birth certificates back in court today
Activist Gemma Hickey is pushing to have gender other than male or female recognized in documents
The case of a transgender activist vying for a non-binary birth certificate in Newfoundland is back in court today in St. John's.
Gemma Hickey is taking legal action against the Newfoundland and Labrador government to have a gender other than male and female formally recognized on such documents.
Hickey has filed an application with the province's Supreme Court challenging the change-of-sex designation provision of the Vital Statistics Act.
Hickey says it is unconstitutional and violates provincial and federal human rights legislation.
Non-binary means the person does not identify as male or female.
- Gender identity battle heads to court, to fight for third option on birth certificate
- Seeking a gender neutral birth certificate: Gemma Hickey challenges N.L. options
Hickey applied for a non-binary birth certificate in April and is believed to be among the first in Canada to do so.
On the change-of-sex designation form there were only two options — male or female — so Hickey wrote in "non-binary" and checked it off.
Last month, the Senate passed a bill that protects Canadians from discrimination based on gender identity or expression.