Quebec says there will be no X-gender markers on ID cards until at least 2025

Trans and non-binary people in Quebec who want to reflect their identities through documented gender characteristics will have to wait until a new committee submits its report next year, according to the Quebec government.

Advocates have been pushing for years for X-gender markers to be available on provincial identification documents such as health cards and driver's licenses. An activist went on a 12-day hunger strike outside the offices of the provincial health insurance agency Régie de l'assurance maladie du Québec (RAMQ) last month in the hope that the government would speed up the process.

Canadian passports, citizenship certificates and permanent residency cards all have the option of an X gender marker. Provincial documents in Ontario, such as birth certificates and driver's licenses, have made non-binary gender markers available since 2017.

In 2021, the Quebec Supreme Court forced the province to rewrite several sections of Quebec's Civil Code – including recognizing non-binary people as such on their birth and death certificates.

But the RAMQ and the Department of Motor Vehicles, the Société de l'assurance automobile du Québec (SAAQ) say they lack the authorization and necessary IT systems to add an X to the cards to replace the current M or F.

Family Minister Suzanne Roy (right) previously said the new Gender Identity Committee would not back down on LGBT rights. (Radio Canada)

The family minister says Quebecers will have to wait until at least 2025 – a change in direction as the government has been working on the issue for months. Guidelines were expected this fall that would allow departments and agencies to add the X marker to their official documents.

“Slap in the face”: Student

When the committee's members were announced last week, Families Minister Suzanne Roy said they would not back down on LGBT rights. But advocates say the government is doing just that.

The story goes on

“What we're hearing today is, 'Actually no, if the committee recommends that we back down on these rights, then we will do that,'” said Francesco MacAllister-Caruso, a graduate student at Concordia University who studied Trans rights preoccupy political representation in Canada.

“It’s a bit of a slap in the face to the community.”

Trans activist Celeste Trianon, who runs a legal consultancy that helps people apply for name and gender marker changes, couldn't agree more.

She says one of the most common requests she receives is for X-gender markers and her clients are always disappointed when they find these are still not available on provincial ID cards.

“It's not just a health card, it's really a basic identification document that reveals who you are in the eyes of the state. If that doesn't align with who you are, it can cause a lot of worry,” she said.

Trianon said she was prepared for the worst when it was revealed that the Gender Identity Committee did not include any transgender people or experts on transgender issues.

“A lot of people in the trans community are afraid.”

Celeste Trianon says many people come to her legal advice asking how they can change their gender characteristics and legal name. (Holly Cabrera/CBC)

Trianon and MacAllister-Caruso also noted that the current situation is creating discrepancies between federal and provincial identification documents, which can lead to awkward situations where a person's gender is not the same on all documents.

The family minister denies backing down on the question of X gender marking and quickly points out that this choice is also possible on civil status documents.

“Issues about gender identity are sensitive and deserve thoughtful answers,” said Catherine Pelletier, a spokeswoman for the family minister.

Philippe-André Tessier, President of the Commission des droits de la personne and des droits de la youth (CDPDJ) said it was unclear whether the delays meant the government was violating the Charter of Human Rights and Freedoms, which prohibits discrimination based on gender identity.

He called on the Coalition Avenir Québec government to act quickly.

“We understand that work is ongoing and we insist that this work be completed as quickly as possible to ensure that people with another identifier can be appropriately listed on their identification documents,” he said.

According to Radio-Canada, as of early fall, 360 people had sent a request to RAMQ to have gender X listed on their health card.