The Quebec government still refuses to place the gender marker X on driver's licenses and health insurance cards. A position that violates the rights of its citizens.
Published at 2:10 am. Updated at 5:39 am.
Alexe Frédéric Migneault wants to live in indifference.
Except Alexe Frédéric Migneault is a non-binary person. And unfortunately, in Quebec in 2024, a non-binary person must fight to have their rights respected. Even against the Quebec government.
Alexe Frédéric Migneault, 32, a federal translation agent, will begin his fifth hunger strike next week to obtain a driver's license and health insurance card that reflect his gender identity. With an X (non-binary gender) instead of an M (male gender) or an F (female gender).
“It wouldn’t change anything in anyone’s life, but it would improve my life,” says Alexe Frédéric Migneault, who took action in 2017. “I don't understand what's so serious about not identifying as male or female.” Don't use madam or sir. It does not make me a less valid person, no less deserving of seeing a doctor or using public services. »
Quebec is the only province where gender is not allowed. For the health insurance card, only Quebec and Alberta refuse to enter this X1.
This is not an aspect of our special society that we should be proud of.
This request from trans and non-binary people is not a detail or a whim. This is their right under the Quebec Charter of Human Rights and Freedoms.
In 2021, the Supreme Court forced Quebec to change its laws to produce civil status documents (such as a birth or marriage certificate) marked “X”.
But three years after that Supreme Court decision, the Legault government is still preventing the SAAQ and RAMQ from issuing a driver's license or health insurance card to a non-binary person with gender marker X2. Quebec says it will wait for a committee report in 2025 to make a decision. Meanwhile, non-binary people continue to face illegal discrimination.
Beyond the legal debate, the gender marker X would help non-binary people avoid unpleasant and humiliating situations, explains Alexe Frédéric Migneault.
“Employees ask me questions about what is written [avant sur la carte] “collided” with the way I present myself. Some people were judgmental and humiliated me. One evening in the psychiatric emergency room, a receptionist threw me a paper and a pencil and said, “I guarantee you that you will not sign this paper.” [qui l’obligeait à choisir entre M et F]. The receptionist stood between me and access to a doctor. »
I was in a psychiatric emergency context, I was unable to defend myself, I was a danger to myself. Either you deny who you are or you go home.
Alexe Frédéric Migneault
Alexe Frédéric Migneault, who has not had a health insurance card since 2018, paid around $2,000 to the Quebec health system (this amount may be refunded to him when his health insurance card is finally issued to him).
“There are no words to describe how embarrassing this is for me [d’avoir le mauvais marqueur de genre sur ses documents d’identité], says Alexe Frédéric Migneault. This is embarrassing for many people, as well as for the people who see the newspapers [et qui ne comprennent pas la situation] only for the people who present them. »
How can a man or woman understand their situation? “Imagine if it were mandatory to write the length of a man's penis or the size of a woman's bra on the health insurance card,” explains Alexe Frédéric Migneault. It has nothing to do with his identity. This is information about your body that is not used to identify you personally. »
It's not just the Quebec government that has been slow to adapt to the realities of non-binary people.
“Being non-binary is a full-time job,” continues Alexe Frédéric.
Over the years, Alexe Frédéric has filed around a hundred complaints to have his gender identity recognized at the bank, to reserve a plane ticket, to get a loyalty card at the grocery store and even to attend the Illumi show in Laval with your child ( you could only book a ticket online and had to choose between M and F). “Seriously, I can’t look at lights? »
“Companies that sell products and services ask about gender for marketing reasons. We still have a large cultural tendency to divide people into two categories, even though people's interests are more diverse. The fight for third gender recognition is beneficial for everyone. It helps eliminate the strict categories that men and women are often placed into with stereotypical expectations. When we accept that trans people are different, we accept that everyone can be different. »
In everyday life, however, Alexe Frédéric Migneault notices that mentalities towards non-binary people have changed significantly in recent years.
“Since 2020, I have the impression that the tone has completely changed, that we now have the healthy indifference that I was hoping for. Most people are not surprised and are sympathetic. Sometimes there's an awkward comment and a bit of misplaced curiosity, or I'm misrepresented, but it's never mean. People accept that it exists, it doesn't bother them, it's none of their business, and that's a good thing. »
1. The Commission was unable to verify the status of Prince Edward Island's health insurance card.
A ban that violates the Charter
Can the Quebec government refuse to issue a driver's license or health insurance card with gender marker X?
At the legal level, the answer is clear: according to two experts interviewed by La Presse, what the Quebec government is doing is illegal and violates the Quebec Charter of Human Rights and Freedoms.
Robert Leckey, Professor of Constitutional Law and Dean of the Faculty of Law at McGill University, and Pierre Bosset, Professor of Public Law with an interest in human rights and freedoms at UQAM, are categorical: non-binary people have the right to obtain a driving license with their Gender identity
“There are non-binary people who cannot access health services because they cannot produce a RAMQ card that corresponds to their gender identity. For those affected, this represents a serious violation of their rights,” says Robert Leckey.
“It is very clear that not mentioning gender X is a breach of the Charter [québécoise]. “It is a discriminatory attack on the right to dignity of non-binary people under Articles 4 and 10 of the Quebec Charter,” adds Pierre Bosset.
Officially, Quebec says it wants to wait for the report of the “Committee of Wise Men” in 2025 before authorizing SAAQ and RAMQ to use the gender marker as a legal obligation,” but emphasizes Professor Pierre Bosset.
The Quebec Charter of Human Rights and Freedoms has guaranteed the protection of non-binary people from discrimination since 2016. And in a 2021 lawsuit against the Quebec government, the Supreme Court concluded that Quebec must recognize non-binary people on civil status documents (birth and marriage certificates) in accordance with the Charters of Rights and Freedoms.
I quote from Judge Gregory Moore's decision: “Depriving non-binary people of the benefit of being correctly identified on their birth certificate will deprive them of the dignity to which every human being is entitled.” A person's identity is the essence his individuality and humanity. »
Quebec did not appeal the Moore ruling. In 2022, the Civil Code was amended to comply with civil status documents. Since 2021, 532 non-binary people have received a birth certificate with gender marker X. The civil status director did not reject any application.
Except that the Legault government is still blocking RAMQ and SAAQ from releasing documents with gender marker X, Radio-Canada journalist Alexandre Duval told us this month3. The SAAQ recognizes that it has the means to do this.
If the X marker is good for the birth certificate, why isn't it valid for the health insurance card and driver's license?
I tried to understand how the government justified its position on this issue. Here is the official response via email from the office of the Minister responsible for the fight against homophobia and transphobia, Martine Biron: “The government is increasingly being asked to make decisions regarding the realities of transgender and non-binary people.” These are sensitive ones Topics that require thoughtful decisions. We have set up a committee of bright minds to get a more detailed overall picture of what is happening here and elsewhere and to better understand the different impacts of the actions taken. The work of the Committee of Wise Men will enable us to make our future decisions in an informed manner. »
With all due respect, the Cabinet's explanations are absolutely unfounded. First, the Quebec Charter does not lose its validity because the Legault government wants to “think.” Then the courts have already decided: non-binary people have the right to have in their possession documents from the Quebec government that reflect their gender identity. Quebec relies on a technicality (the ruling only applied to civil status documents) to contradict the spirit of the Moore ruling.
In doing so, the government is regrettably violating the rights of some of its citizens.
“I don’t understand what the committee can say,” reacts Alexe Frédéric Migneault. Our law already exists. What is missing is the empathy and goodwill of those in power in the political class. »
It's just the political class that puts it all on hold under the pretext that they don't understand it. She doesn't have to understand, just accept. Our existence is not up for debate. We have always been there, but now we have the right to be ourselves.
Alexe Frédéric Migneault
Legault government ministers are not very forthcoming on this matter. Simon Jolin-Barrette (Justice), Martine Biron (in charge of the fight against transphobia), Christian Dubé (in charge of RAMQ) and Geneviève Guilbault (in charge of SAAQ) all declined my request for an interview this week to clarify their position the government.
Further evidence of Quebec's untenable position on the matter? A non-binary person, Arwyn Jordan Regimbal, filed a complaint with the Human Rights Commission to declare her gender identity on her driving license4. Instead of going to court, the SAAQ reached an amicable settlement and issued him Quebec's first driver's license with an X for gender identity.
Despite everything, the Legault government continues to prevent SAAQ from issuing authorizations for other applications with X. Quebec is thus forcing any non-binary person who wants to obtain a driver's license with the endorsement X to file an individual complaint with the Human Rights Commission. Since 2023, the Commission has received 11 complaints of discrimination against non-binary people, including in relation to government services. Including that of Alexe Frédéric Migneault.
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6360 There are 6360 trans and non-binary people in Quebec, which is 0.09% of the total population aged 15 and over.
Source: Statistics Canada
0.25% There are 4,920 trans and non-binary people aged 15 to 34 in Quebec, representing 0.25% of the total population in this age group.
Source: Statistics Canada