When Laura Budd filed a complaint about changing the gender marker on her birth certificate in 2014, she contributed to a snowball effect which has resulted in a major court decision.
On May 24, the Court of Saskatchewan ordered the provincial government to allow for the removal of gender markers on birth certificates. The Northwest Territories, Newfoundland and Labrador, Ontario, and Alberta permit non-binary markers on birth certificates, but Saskatchewan is the first province where the court system has ordered the government to allow for the removal of gender markers. The Saskatchewan court gave the government 45 days to apply the changes.
In a press release, the Saskatchewan Human Rights Commission (SHRC) cited Budd鈥檚 2014 complaint, along with a separate 2017 complaint, as key influencers in the Regina Court of Queen鈥檚 Bench decision.
鈥淭he removal of gender markers from birth certificates will greatly benefit our transgender community,鈥� said David Arnot, Chief Commissioner of SHRC, in the press release. 鈥淚鈥檇 like to thank the complainants and their families for their courageous pursuit of this important human rights issue.鈥�
鈥淚t鈥檚 a huge step,鈥� Budd said.
In 2014, Budd, the education coordinator with the Saskatchewan Pride Network, wanted to change the gender marker on her birth certificate. She discovered that the Vital Statistics Act, 2009 (VSA) required transgender people to undergo gender reassignment surgery before they could change their birth certificates.
鈥淚 dug further into the Saskatchewan process,鈥� she said.
Budd found a Albertan court ruling from April 2014 in which a judge stated the surgery requirement in the VSA should be dropped. She submitted her applicatiion to change her birth certificate in June 2014.
鈥淭hey made a ruling saying there was no precedent for this,鈥� she said.
Budd filed a complaint with SHRC stating that VSA violated section 12 of the Saskatchewan Human Rights Code. The section is titled 鈥渄iscrimination prohibited in places to which public admitted.鈥�
鈥淲e went through an investigation,鈥� Budd said.
In 2016, Budd took her complaint to Regina. The judge ruled in her favour, allowing her to change her birth certificate.
鈥淢oving forward, this is a great thing,鈥� she said.
Budd is pleased with the Court of Queen鈥檚 Bench decision to allow others to change their gender markers.
鈥淚 was excited for my non-binary friends,鈥� she said. 鈥淚f you feel you don鈥檛 fit [the binary], it isn鈥檛 going to hold you back anymore.
鈥淵our life has been validated by the provincial government.鈥�
Budd thinks the world鈥檚 eye will be on Saskatchewan after this major court decision to see what happens next.
鈥淭his is landmark,鈥� she said. 鈥淚 don鈥檛 know anywhere else where this has been tried.鈥�
Going forward, Budd thinks there needs to be further public awareness about the transgender and non-binary communities.
鈥淲e have a lot of public education to do,鈥� she said. 鈥淸Non-binary] people are finally being recognized.鈥�
