4th amended motion to institute proceedings by Gabbrielle

C A N A D A PROVINCE OF QUEBEC DISTRICT OF MONTREAL No 500-17-082257-141

S U P E R I O R C O U R T (CIVIL DIVISION) CENTRE FOR GENDER ADVOCACY -andSAMUEL SINGER -andSARAH BLUMEL -andELIZABETH HELLER -andJENNA MICHELLE JACOBS v.

Plaintiffs

THE ATTORNEY GENERAL OF QUEBEC Defendant AND Ã&#x2030;GALE CANADA HUMAN RIGHTS TRUST -andGENDER CREATIVE KIDS CANADA -andLGBT FAMILY COALITION Interveners

FOURTH AMENDED MOTION TO INSTITUTE PROCEEDINGS FOR A DECLARATORY JUDGMENT (Arts. 110, 453 & 456 C.C.P.; Art. 529(1) N.C.C.P.) ________________________________________________________________________________ IN SUPPORT OF THEIR FOURTH AMENDED MOTION TO INSTITUTE PROCEEDINGS FOR A DECLARATORY JUDGMENT, PLAINTIFFS STATE AS FOLLOWS: I. 1.

INTRODUCTION This case is about trans and intersex individuals, who are among the most vulnerable persons in our society, having historically experienced, and continuing to experience, exclusion, prejudice and discrimination of all forms, thereby preventing them from being considered and treated as equal and fully participating members in our society;

-22.

Plaintiff Centre for Gender Advocacy (the “Centre”) is a not-for-profit organization that has for numerous years been helping trans individuals and advocated on their behalf;

2.1.

Plaintiffs Sarah Blumel (“Blumel”) and Samuel Singer (“Singer”) are a couple who had a child in 2014;

2.2.

Plaintiffs Jenna Michelle Jacobs (“Jacobs”) and Elizabeth Heller (“Heller”) are a couple who had a child in 2013;

2.3.

Plaintiffs have instituted the present proceedings in order to remove some of the legal barriers that prevent full participation of trans and intersex individuals and their children in society;

Plaintiffs are thereby challenging the validity of art. 59, 62, 71, […] 93, 111, 115, 116, 124, 126, 132 and 146 of the Civil Code of Quebec, S.Q. 1991, c. 64 (the “CCQ”) and s. 23.2 of the Regulation respecting change of name and of other particulars of civil status, CQLR c CCQ, r 4 (the “Regulation”);

3.1.

[…];

3.2.

Article 59 […] CCQ […] provides that only a Canadian citizen is eligible for an application for a change of name;

3.2.1. Article 62 requires a minor 14 years of age or over to notify parents and obtain parental consent in order to obtain a change of name; 3.3.

These requirements are contrary to ss. 1, 4, 5 and 10 of the Charter of Human Rights and Freedoms, CQLR, c. C-12 (the “Quebec Charter”) and ss. 7 and 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 (the “Canadian Charter”);

3.4.

Articles 59 and 62 CCQ must therefore be declared invalid and of no force or effect pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter;

Article 71 […] CCQ requires, as a condition[…] for a change of sex designation on one’s act of birth, […] that the person be a Canadian citizen […];

4.1

Section 23.2 of the Regulation requires a minor applying for a change of sex designation to obtain “a letter from a physician, a psychologist, a psychiatrist, as sexologist or a social worker authorized to practise in Canada or in the State in which the child is domiciled who declares having evaluated or followed the child and is of the opinion that the change of designation is appropriate”;

Said requirements are contrary to ss. 1, 4 and 5 […] of the Quebec Charter and ss. 7 and 15 of the Canadian Charter and s.23.2 in addition directly contravenes article 71 al. 2 CCQ, which provides that a change of sex designation can “in no case be made dependent on the requirement to have undergone any medical treatment”;

-36.

Article[…] 71 CCQ and section 23.2 of the Regulation must therefore be declared invalid and of no force or effect pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter;

Articles 111, 115 and 116 CCQ provide that an attestation of birth and a declaration of birth must state the sex of the child as well as the designation of the parents as mother(s) and/or father(s) of the child;

Plaintiffs intend to demonstrate that so far as these mandate in every case that the sex of the child and the designation of the parents as mother and father be included in acts of birth, these provisions are contrary to ss. 1, 4, 5 and 10 of the Quebec Charter and ss. 7 and 15 of the Canadian Charter;

As a result, Plaintiffs are seeking a declaration, pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter, that art. 111, 115 and 116 CCQ must be read so as: (a)

to make the sex designation in acts of birth optional as opposed to mandatory; and

(b)

to make the gendered designation of mother and father in acts of birth optional for all parents, such that parents can choose the term “mother”, “father” or “parent”;

9.1.

With respect to article 132 CCQ, it allows the Registrar of Civil Status to draw up a new act of civil status when a person’s change of designation of sex has become final;

9.2.

However, this provision does not allow the Registrar of Civil Status to reflect this change on the act of birth of that person’s children;

9.3.

Plaintiffs intend to demonstrate that as far as this change of sex designation is relative and only applies to parents’ act of civil status and not to their children’s act of birth, this provision is contrary to ss. 1, 4, 5 and 10 of the Quebec Charter and ss. 7 and 15 of the Canadian Charter;

9.4.

As a result, Plaintiffs are seeking a declaration, pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter, that art. 132 CCQ must be read so as to allow the change of the gendered parental category of a person on the act of birth of that person’s children;

9.5.

Article 146 CCQ provides that a person’s certificate of civil status must set forth a sex;

9.6.

Plaintiffs intend to demonstrate that insofar as it mandates in every case that a sex be attributed in a person’s certificate of civil status, art. 146 CCQ is contrary to ss. 1, 4, 5 and 10 of the Quebec Charter and ss. 7 and 15 of the Canadian Charter;

9.7.

As a result, Plaintiffs are seeking a declaration, pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter, that the requirement that certificates of civil status set forth a sex is invalid and of no force or effect;

-49.8.

II.

By implication, Plaintiffs are also seeking a declaration, pursuant to s. 52 of the Quebec Charter and s. 52 of the Canadian Charter, pertaining to art. 93, 124 and 126 CCQ, which will ensure that these provisions are consistent with the other provisions which shall be modified pursuant to these proceedings; CENTRE FOR GENDER ADVOCACY

10.

The Centre was founded in 1983 as the Concordiaâ&#x20AC;&#x2122;s Women Centre;

11.

It is an independent, student-funded organization, mandated to promote gender equality and empowerment particularly as it relates to marginalized communities, the whole as appears from a copy of the Plaintiffâ&#x20AC;&#x2122;s constitution and bylaws, communicated as Exhibit P-1;

12.

Its mandate is achieved through ongoing programming, campaigns, resources, services to the community, and advocacy;

13.

The Centre believes that gender oppression is inextricably linked to social and economic justice, and works within a feminist framework that challenges systemic oppressions;

14.

To this end, the Centre works in support and in solidarity with broader social movements;

15.

It promotes gender self-determination, bodily sovereignty, and self-love;

16.

The Centre, guided by its membership, fulfills its mandate by: (a) Facilitating social action through ongoing programming and campaigns, as well as building coalitions and working in solidarity with grassroots social movements; (b) Providing respectful, confidential peer-to-peer support, advocacy, and resources for those who seek it with a focus on harm reduction, empowerment and selfdetermination; (c) Collaborating with volunteers on existing and volunteer-initiated activities; (d) Providing a multi-media resource centre and library, open to the public, as directed by membership contributions and requests, that promotes independent local distributors and publishers; and (e) Providing an accessible space to facilitate community organizing and action;

17.

In the last 10 years, an important portion of the Centreâ&#x20AC;&#x2122;s work has been devoted to the defence of trans rights and to providing specifically dedicated services to trans people;

18.

The Centre offers regular training sessions on trans realities, both in academic and community contexts, and it is regularly invited to take part in debates and discussions on trans issues;

-519.

By no means an exhaustive list, the Centre has shared its expertise on trans experience and realities as well as the barriers faced by trans people with organizations such as: (a) Royal Victoria Hospital Foundation; (b) Jeanne-Sauvé Foundation; (c) Programs in Whole Person Care at McGill University; (d) Lasalle College; (e) Dawson College; (f) University of Sherbrooke’s School of Medicine; (g) Association des étudiants et étudiantes en service social de l'Université de Montréal; (h) Comité détresse psychologique et santé mentale de Rosemont; (i) YWCA of Montreal; (j) Cégep du Vieux-Montréal; and (k) UPop Montréal;

20.

The Centre takes part in two national research committees on trans identities and realities under the auspices of the Canadian AIDS Society and the Trans Youth Health Survey;

21.

The Centre is a member of the Trans Committee of the Conseil québécois LGBT, which includes over 35 organizations, researchers and health professionals;

22.

As a member of the Trans Committee, the Centre was involved with the preparation of a brief containing demands for trans people that was submitted to the Bureau de lutte à l’homophobie on May 4, 2012, the whole as appears from a copy of the brief, communicated as Exhibit P-2;

23.

Also as a member of the Trans Committee, the Centre was involved in the preparation of the Committee’s submissions to the National Assembly on Bill 35, which granted some of the demands made on behalf of trans people by amending certain provisions of the CCQ, the whole as appears from a copy of the submissions, communicated as Exhibit P-3;

24.

In addition to its educational and advocacy missions, the Centre offers direct help and assistance to, amongst others, individuals who question their gender identity and to transitioning persons, as well as to their friends and families;

25.

The Centre’s services are offered by phone and in person, through the sharing of transition information and strategies as well as through active listening;

-626.

The Centre further maintains a list of health and mental care professionals with expertise and knowledge of trans realities and who can assist trans people;

27.

Trans individuals of all ages and walks of life access the Centre’s services, including individuals who are transitioning late in life as a result of having been prevented from doing so at an earlier age by medical, psychological, social, legal or financial barriers;

28.

The Centre works with parents who must live with the institutional and legal discrimination trans children are facing;

29.

Trans immigrants who have yet to acquire Canadian citizenship and who are having an even harder time integrating into Quebec society than non-trans immigrants do also receive assistance and guidance from the Centre’s programs, which acts as a resource and networking hub for trans immigrants;

30.

The Centre’s close relationship with Concordia University allows it to have a more direct impact on the integration of trans individuals, whether Canadian or not, within the campus community;

31.

For example, the Centre was instrumental in the adoption of Concordia University’s policy that allows trans individuals to officially use the given name of their choosing in all internal university communications and documents, irrespective of whether or not they have obtained a legal name change;

32.

[sic]

33.

The Centre has the expertise as well as the human and financial resources to lead this case and to bring it to its ultimate conclusion;

34.

Through its network, the Centre is well connected with experts on different aspects of trans realities, experts who have been contacted by the Centre and who have already agreed to prepare reports and testify at trial in this case;

35.

Moreover, since this case covers different trans realities and groups of trans people, namely trans and intersex individuals, the Centre is in a better position than a single individual would be to bring this case forward;

36.

Concerns for one’s privacy and security of the person, which unfortunately continue to plague the trans community, act as further impediments against individuals acting as plaintiffs in a case like this one;

37.

Yet the Centre, through its network, has identified trans and intersex individuals, as well as parents of trans children, who have agreed to come and testify before this Court about their realities;

38.

Based on the foregoing, the Centre has public interest standing to institute these proceedings;

-7II.I. PLAINTIFFS SINGER, BLUMEL, HELLER AND JACOBS A.

SAMUEL SINGER AND SARAH BLUMEL

38.1. Singer was assigned the female sex at birth and listed as such on his birth certificate; 38.2. Singer met Blumel in 2002; 38.3. They began dating in 2006 and were legally married in August 2009; 38.4. From a young age, Singer presented as gender non-conforming: he preferred clothing traditionally identified as masculine and generally presented on the masculine gender spectrum; 38.5. Singer’s masculine gender presentation increased over time and he was often read by general society, at least on initial contact, as a young man; 38.6. In 2002, Singer changed his given name to “Samuel” in all social and professional settings; 38.7. In 2003, Singer began testosterone hormone therapy, which he ultimately stopped in 2005; 38.8. Singer has not taken masculinization hormone therapy since that time and, at this time, has no plans to do so; 38.9. In 2003, Singer underwent chest surgery in the form of a double incision bilateral mastectomy and male chest reconstruction, a procedure which has significantly increased Singer’s quality of life; 38.10. In March 2008, in response to Singer’s application to change his given names to “Samuel”, the Registrar of Civil Status added the name “Samuel” as an additional given name to his birth certificate, but refused Singer’s request to remove his old female given names; 38.11. This refusal meant that Singer continued to have to expose details of his personal history every time he was asked to list his legal names or present his birth or marriage certificates; 38.12. In the summer of 2011, Singer again requested that the Registrar of Civil Status remove his old female names and amend his documents to only list the given name “Samuel”, explaining the privacy violations that listing his old female names exposed him to; 38.13. In October 2011, the Registrar of Civil Status granted his request and issued a corrected change of name certificate, birth certificate and marriage certificate bearing only the names “Samuel Singer”; 38.14. Singer's birth certificate continues to designate him as female and under the CCQ requirements still currently in force, he would not qualify for a change of sex designation;

-838.15. Although in Singer’s daily life, he currently generally passes as a male, he does not identify with the legal gender categories of male or female; 38.16. As Singer does not take hormone therapy, his gender presentation in society may change as time goes by; 38.17. The listing of a sex designation on his acts of civil status exposes him to frequent violations of his privacy and dignity, as well as to potential discrimination; 38.18. In 2010, Singer and Blumel decided to have a baby together; 38.19. After several years of attempting to become pregnant through various means, their fertility doctor recommended that given their fertility challenges, they should attempt in vitro fertilization (“IVF”); 38.20. The decision was made by Blumel and Singer to share the task of IVF by using Singer’s egg, fertilizing that egg with sperm from a donor, and having Blumel carry the child; 38.21. Their first IVF treatment was successful and Blumel gave birth to their baby in February 2014 in Montreal, Quebec; 38.22. The attestation of birth was completed by the hospital and identified Blumel as the mother of their child and Singer as the child’s father; 38.23. Singer forwarded the copy of the attestation of birth provided by the hospital as well as the declaration of birth form, which again listed Blumel as the mother of their child and Singer as the child’s father; 38.24. Given that the declaration of birth had only two options, and the option of “parent” was not available, Singer chose to be listed as a father; 38.25. On March 31, Blumel logged on to État Civil's DeClic online system via ClicSEQUR to request a paper copy of their child’s birth certificate; 38.26. In the course of that process, Blumel confirmed the information declared on the attestation of birth and declaration of birth; 38.27. Several weeks later, Blumel and Singer received a paper copy of their child’s birth certificate in the mail that listed both Blumel and Singer as mothers; 38.28. During subsequent discussions with representatives of the Registrar of Civil Status, Singer was informed that because his sex designation appears as female on his birth certificate, he must be listed as a mother on his child’s birth certificate and cannot be listed as the child’s father; 38.29. In addition, he was informed that even if he were to obtain a change of sex designation in the future, this could not be applied retroactively on his child's birth certificate; 38.30. Singer would therefore remain listed as a mother on his child's birth certificate forevermore;

-938.31. In addition, upon pressing the Registrar of Civil Status to instead list him as a “parent”, his preferred designation for these purposes and a reasonable solution, Singer was informed by the representative that this option was not available; 38.32. However, Singer does not identity as a mother or father, but rather as a parent; 38.33. Indeed, given Singer's gender identity and his relationship to his child, neither male nor female gender parental designations are an appropriate fit for him, considering as well that his gender presentation in society may change as time goes by; 38.34. Consequently, Blumel and Singer should have the option of not having Singer assigned a fixed parental gender category on the birth certificate of their child; B.

ELIZABETH HELLER AND JENNA MICHELLE JACOBS

38.35. Jacobs was identified as male on her birth certificate; 38.36. In the spring of 2010, Jacobs met Heller and they have been living together since the spring of 2011; 38.37. At the time, Jacobs was mid-transition, presenting socially as female but still presenting as male in university; 38.38. After participating in a program at the Montreal General Hospital and struggling to find adequate support for her transition, Jacobs decided to start private therapy with a psychologist and sexologist, Dr. Campbell; 38.39. In October 2010, Dr. Campbell referred her for hormone therapy; 38.40. Knowing that she would one day want kids, Jacobs chose to store some of her sperm before starting that therapy; 38.41. In November 2010, Jacobs had facial surgery; 38.42. In April 2011, Heller started trying to become pregnant through intra-uterine insemination with Jacobs’ stored sperm; 38.43. In June 2012, Heller became pregnant; 38.44. In December 2012, after having received a second recommendation for gender reassignment surgery by a second therapist, Jacobs underwent a male-to-female gender reassignment surgery; 38.45. On March 21, 2013, Jacobs applied to the Registrar of Civil Status to have a change of designation of sex on her birth certificate; 38.46. In April 2013, Heller gave birth to the couple’s baby; 38.47. On April 26, 2013, the Registrar of Civil Status rendered its decision to authorize the change of the designation of sex which appeared on Jenna’s birth certificate;

- 10 38.48. On June 3, 2013, the Registrar of Civil Status issued a certificate of change of designation of sex; 38.49. However, the birth certificate of Heller’s and Jacobs’ baby designates Jacobs as father of the baby; 38.50. Despite a request to change this designation to mother, the Registrar of Civil Status refused, explaining that Jacobs’ change of the designation of sex only took place after the birth of her baby and cannot be retroactive; 38.51. Jacobs would therefore remain listed as a father on her child's birth certificate forevermore; 38.52. The couple had a second child in September 2015; 38.53. Since Jacobs’ designation of sex has been changed, Jacobs is designated as mother to this second child; 38.54. The Registrar of Civil Status’ refusal with respect to the first child entails that Jacobs will be inconsistently identified on the civil status documents issued for each of her children; III.

STATUTORY PROVISIONS AT ISSUE

38.55. Article 59 CCQ currently provides that in order to be the subject of a change of name, a person must: (a) […]; (b) Be a Canadian citizen (the “Change of Name Citizenship Requirement”); and (c) Have been domiciled in Quebec for at least one year; 38.56. Article 62 CCQ currently provides […] that no change of name of a minor child may be granted if the parents have not been notified or if one of them objects (the “Change of Name Parental Consent Requirement”); 39.

Article 71 […] CCQ currently provides that the designation of sex which appears on an act of birth can be changed upon application filed with the Registrar of Civil Status if the person applying satisfies […] certain conditions, including: (a) […] (b) […] (c) The person has been domiciled in Quebec for at least one year; and (d) The person is a Canadian citizen (the “Change of Sex Citizenship Requirement”);

39.1

Section 23.2 of the Regulation currently requires that an application for a change of sex designation by a minor child be accompanied by “a letter from a physician, a

- 11 psychologist, a psychiatrist, as sexologist or a social worker authorized to practise in Canada or in the State in which the child is domiciled who declares having evaluated or followed the child and is of the opinion that the change of designation is appropriate” (the “Attestation of Appropriateness Requirement”); 40.

Articles 111, 115 and 116 CCQ currently require that: (a) The sex of all new-born children be indicated on their attestation of birth or their declaration of birth, as applicable (the “Sex Indication Requirement”); (b) The parents of all new-born be indicated as either their father or mother on their attestation of birth or their declaration of birth, as applicable (the “Parental Sex Indication Requirement”);

40.1. As for art. 132 CCQ, it allows the Registrar of Civil Status to draw up new acts of civil status for persons whose sex change designation has become final, but it does not allow for the issuance of new acts of civil status for these persons’ children reflecting that same change (the “Limited Effect Change”); 40.2. Article 146 CCQ, in turn, requires that a person’s certificate of civil status must set forth a sex (the “Civil Status Sex Requirement”); 40.3. Articles 93, 124 and 126 CCQ require that a sex be stated on declaratory judgments of death and acts of death; IV.

[…]

41 to 46 […] IV.I.

ARTICLES […] 60 AND 62 CCQ

[…]

46.1 to 46.13 […] B.

CHANGE OF NAME CITIZENSHIP REQUIREMENT a. Right to Freedom, Liberty, Dignity and Security (ss. 1 and 4 of the Quebec Charter and s. 7 of the Canadian Charter)

46.14 Names are very often associated with gender. As such, the ability to change one’s name is a critical part of being able to live in accordance with one’s felt identity. Residents of Canada who are not Canadian citizens are currently prevented from changing their name to have it reflect their gender identity, which is a fundamental personal decision; 46.15 Under the current regime, these individuals cannot exercise their autonomy in the making of this fundamental personal decision without the interference of the state – an interference which can cause serious harms, including psychological stress;

- 12 46.16 For this reason, the Change of Name Citizenship Requirement violates non-Canadian trans individuals’ right to freedom as protected by s. 1 of the Quebec Charter; 46.17 Moreover, the Change of Name Citizenship Requirement is (i) overbroad, as there is little connection between the Change of Name Citizenship Requirement and the law’s goal, which is which is at least in part to enable individual self-determination – including that of trans persons, and (ii) grossly disproportionate, in that the Change of Name Citizenship Requirement forces non-Canadian trans individuals to choose between hiding their felt identity or having a felt identity that does not correspond to their official identity, thereby exposing them to a greater risk of prejudice and making their integration into Canadian society that much harder; 46.18 As a result, art. 59 […] CCQ deprives non-Canadian trans individuals of their right to liberty and security in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter; 46.19 In addition, the Change of Name Citizenship Requirement prevents non-Canadian trans individuals from expressing a fundamental attribute of their lived experience through their choice of name, an attribute which transcends citizenship and in fact has nothing to do with a person’s nationhood; 46.20 This amounts to an institutionalized exclusion which is humiliating and interferes with a person’s dignity, in violation of the right to the safeguard of one’s dignity protected by s. 4 of the Quebec Charter; b. Right to Privacy (s. 5 of the Quebec Charter) 46.21 Because a person’s gender identity – and the ability to have this identity reflected in one’s name – is of an inherently intimate and private nature, the Change of Name Citizenship Requirement interferes with a person’s right to make fundamentally personal decisions free from unjustified external interference and exposes individuals to potential discrimination and daily prejudice; 46.22 The Change of Name Citizenship Requirement thus violates the right to privacy of nonCanadian trans individuals protected by s. 5 of the Quebec Charter; c. Equality Rights (s. 15 of the Canadian Charter) 46.23 Whereas Canadian trans individuals may change their name to a name that conforms to their lived and felt identity, non-Canadian trans individuals who wish to obtain the same benefit cannot; 46.24 The Change of Name Citizenship Requirement results in a distinct and disadvantageous treatment of non-Canadian trans individuals on the ground of citizenship; 46.25 The distinction perpetuates the view that non-Canadian citizens residing in Canada are less capable or less worthy of recognition or value as human beings or as members of Canadian society and exacerbates their historical disadvantages;

- 13 46.26 The challenges faced by non-Canadian trans individuals’ in integrating Quebec society are compounded when there is a mismatch between these individuals’ lived and felt gender and the gender associated with their name; 46.27

Consequently, the Change of Name Citizenship Requirement violates the equality rights of non-Canadian trans individuals protected by s. 15 of the Canadian Charter;

THE CHANGE OF NAME PARENTAL CONSENT REQUIREMENT

46.28 Prior to June 10, 2016, only persons of full age could apply for a change of name. Minors could be the subject of a name change application, but the application had to be brought by the minor’s tutor (former article 60 CCQ). 46.29 Article 60 CCQ, as amended by Bill 103, An Act to strengthen the fight against transphobia and improve the situation of transgender minors in particular, now provides that a minor child alone may apply for a change of name if the child is 14 years or over; 46.30 However, pursuant to article 62 CCQ, as amended, the minor’s change of name is still subject to a parental veto: “Except for a compelling reason, no change of name of a minor child may be granted if [the child’s parents or tutor] have not been notified of the application or if any of those persons object to it”; 46.31 Many trans youth do not have parental support. Unless the article is interpreted such that an application connected to gender identity is deemed to constitute a “compelling reason”, article 62 CCQ prevents trans youth from fully exercising their autonomy in making fundamental personal decisions; 46.32 This can cause serious harms, including psychological stress; 46.33 Consequently, the Change of Name Parental Consent Requirement violates the rights of underage trans individuals to freedom and to the safeguard of their dignity, as protected by ss. 1 and 4 of the Quebec Charter; 46.34 Moreover, the Change of Parental Consent Requirement is (i) arbitrary, in that individuals between fourteen and eighteen years of age are allowed under the CCQ to make other fundamental decisions without their parents’ consent or authorization, including applying for a change of designation of sex, (ii) overbroad, as there is little connection between the Change of Name Parental Consent Requirement and the law’s stated goal, which is “to strengthen the fight against transphobia and improve the situation of transgender minors”, and (iii) grossly disproportionate, in that the Change of Name Parental Consent Requirement may force underage trans individuals to choose between hiding their felt identity until they turn eighteen or living under a felt identity that does not correspond to their official identity, as reflected in their name, thereby exposing them to a greater risk of prejudice; 46.35 As a result, the Change of Name Parental Consent Requirement deprives underage trans individuals of their right to liberty and security in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter;

- 14 a.

Right to Privacy (s. 5 of the Quebec Charter)

46.36 Because a person’s gender identity – and the ability to have this identity reflected in one’s name – is of an inherently intimate and private nature, the Change of Name Parental Consent Requirement interferes with the right to make fundamentally personal decisions free from unjustified external interference, and exposes individuals to potential discrimination and daily prejudice; 46.37 The Change of Name Parental Consent Requirement thus violates the right to privacy of trans youth protected by s. 5 of the Quebec Charter; b.

Equality Rights (s. 15 of the Canadian Charter)

46.38 Whereas trans individuals aged eighteen and over may, of their sole accord, change their name to a name that conforms to their lived and felt identity, trans individuals aged 14 to 18 who wish to obtain the same benefit cannot; 46.39 The Change of Name Parental Consent Requirement thus results in a distinct and disadvantageous treatment of minor persons on the ground of age; 46.40 This distinction perpetuates stereotypes about minor persons as being less self-aware than adults and inept decision-makers; 46.41 Consequently, the Change of Name Parental Consent Requirement violates the equality rights of underage trans individuals protected by s. 15 of the Canadian Charter; V. A.

ARTICLE 71 […] CCQ AND SECTION 23.2 OF THE REGULATION […] a.

[…]

47 to 54 […] b.

[…]

55 to 61 […] c.

[…]

62 to 63 […] d.

[…]

64 to 69 […] B.

[…] a.

[…]

70 to 84 […]

- 15 C.

CITIZENSHIP REQUIREMENT a.

Right to Freedom, Liberty, Dignity and Security (ss. 1 and 4 of the Quebec Charter and s. 7 of the Canadian Charter)

85.

Residents of Canada who are not Canadian citizens may also wish to change their sex designation, which is a fundamental personal decision;

86.

Under the current regime, these individuals cannot exercise their autonomy in the making of this fundamental personal decision without the interference of the state – an interference which can cause serious harms, including psychological stress;

87.

For this reason, the Citizenship Requirement violates non-Canadian trans individuals’ right to freedom as protected by s. 1 of the Quebec Charter;

88.

Moreover, the Citizenship Requirement is (i) overbroad, as there is little connection between the Citizenship Requirement and the law’s goal, which is to favour greater inclusion of trans persons into society, and (ii) grossly disproportionate, in that the Citizenship Requirement forces non-Canadian trans individuals to choose between hiding their felt identity or having a felt identity that does not correspond to their official identity, thereby exposing them to a greater risk of prejudice and making their integration into Canadian society that much harder;

89.

As a result, art. 71 and 72 CCQ deprive non-Canadian trans individuals of their right to liberty and security in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter;

90.

In addition, the Citizenship Requirement prevents non-Canadian trans individuals from expressing a fundamental attribute of their lived experience, an attribute which transcends citizenship and in fact has nothing to do with a person’s nationhood;

91.

This amounts to an institutionalized exclusion which is humiliating and interferes with a person’s dignity, in violation of the right to the safeguard of one’s dignity protected by s. 4 of the Quebec Charter; b.

Right to Privacy (s. 5 of the Quebec Charter)

92.

Because a person’s gender identity is of an inherently intimate and private nature, the Citizenship Requirement interferes with a person’s right to make fundamentally personal decisions free from unjustified external interference and exposes individuals to potential discrimination and daily prejudice;

93.

The Citizenship Requirement thus violates the right to privacy of non-Canadian trans individuals protected by s. 5 of the Quebec Charter; c.

94.

Equality Rights (s. 15 of the Canadian Charter)

Whereas Canadian trans individuals may obtain a birth certificate that conforms to their lived and felt identity, a non-Canadian trans individual who wishes to obtain the same benefit cannot;

- 16 95.

The Citizenship Requirement results in a distinct and disadvantageous treatment of non-Canadian trans individuals on the ground of citizenship;

96.

The distinction perpetuates the view that non-Canadian citizens residing in Canada are less capable or less worthy of recognition or value as human beings or as members of Canadian society and exacerbates their historical disadvantages;

97.

In addition, because of the mismatch between their lived and felt gender and the gender appearing on their official documents, non-Canadian trans individuals face an additional impediment to their already difficult integration into Quebec society;

98.

Consequently, the Citizenship Requirement violates the equality rights of nonCanadian trans individuals protected by s. 15 of the Canadian Charter;

“ATTESTATION OF APPROPRIATENESS” REQUIREMENT FOR MINORS’ CHANGE OF SEX DESIGNATION a. Right to freedom, liberty, dignity and security (ss. 1 and 4 of the Quebec Charter and s. 7 of the Canadian Charter) and Right to privacy (s. 5 of the Quebec Charter)

98.1

Pursuant to section 23 of the Regulation, an application for a change of sex designation in respect of a minor must be accompanied by “a letter from a physician, a psychologist, a psychiatrist, as sexologist or a social worker authorized to practise in Canada or in the State in which the child is domiciled who declares having evaluated or followed the child and is of the opinion that the change of designation is appropriate;

98.2

This requirement is directly contrary to article 71 al. 2 CCQ, which, precisely to protect the dignity of trans people, provides that a change of sex designation can “in no case be made dependent on the requirement to have undergone any medical treatment”;

98.3

Moreover, for many trans youth, particularly those who do not have the support of their parents or tutors and who do not live in major centers, the ability to obtain such an attestation is illusory;

98.4

Thus, particularly for trans youth between the ages of 14 and 18, who are now able to apply for a change of sex designation without parental consent, the Attestation of Appropriateness Requirement interferes with their autonomy to make fundamental personal decisions;

98.5

The Attestation of Appropriateness Requirement also interferes with the autonomy of parents to make fundamental personal decisions with respect to children under the age of 14;

98.6

Moreover, the Attestation of Appropriateness Requirement is (i) vague, in that “appropriateness” is nowhere defined; (ii) arbitrary, in that no particular training or criteria are required in making the determination that the change of designation is “appropriate” and there is no connection between the Attestation of Appropriateness and the law’s goal to improve the situation of trans youth; and (iii) grossly

- 17 disproportionate in that the prejudice to trans youth far outweighs what little benefit might be obtained from such a vague and ill-defined requirement; b. Right to Equality (s. 15 of the Canadian Charter) 98.7

Whereas trans individuals aged eighteen and over may obtain a change of sex designation without an attestation of appropriateness, underage trans individuals who wish to obtain the same cannot;

98.8

The attestation requirement thus results in a distinct and disadvantageous treatment of minor persons on the ground of age;

98.9

This distinction perpetuates stereotypes about minor persons as not being mature enough to make rational decisions and as being unaware of their identity;

98.10 Consequently, the attenstation requirement violates the equality rights of underage trans individuals protected by s. 15 of the Canadian Charter; VI.

ARTICLES 111, 115, 116 and 132 CCQ

SEX INDICATION REQUIREMENT a.

Right to Freedom, Liberty and Dignity (ss. 1 and 4 of the Quebec Charter and s. 7 of the Canadian Charter)

99.

Acts of birth are foundational identity documents and the information they contain carries both day-to-day as well as profound and lasting consequences, from the time of birth until one’s passing;

100.

Yet from a medical, physiological and psychological standpoint, there is no necessary connection between a person’s gender identity and the gender which is assigned to them at birth: (a) Trans individuals are assigned a gender that does not match their gender identity; and (b) Intersex individuals, namely individuals whose chromosomes and/or genitalia do not fit the habitual male/female dichotomy, are assigned a gender that may or may not match the gender identity they will eventually develop;

101.

As the legislative goal of identifying individuals can be achieved through other means that are either more objective (date and place of birth, name of the parents) or carry less of a permanent stigma (given name and last name), the designation of a child’s sex on an attestation or declaration of birth should be optional;

102.

Indeed, a gender designation that does not match the gender identity eventually developed by the child has serious impacts on the child’s dignity, in violation of s. 4 of the Quebec Charter;

- 18 103.

[…] The Sex Indication Requirement […] interferes with the rights of trans and intersex individuals […] to exercise their autonomy in the making of a fundamental personal decision without the interference of the state;

104.

Consequently, the Sex Indication Requirement violates trans and intersex individuals’ right to freedom protected by s. 1 of the Quebec Charter;

105.

Moreover, the Sex Indication Requirement is (i) arbitrary, in that the choice made by the accoucheur on an attestation of birth or by the person filling up a declaration of birth may not correspond to the gender identity that the child will eventually develop, (ii) overbroad, as there is little connection between the Sex Indication Requirement and the law’s goal, which is to identify children, and (iii) grossly disproportionate, in that the Sex Indication Requirement imposes a gender designation on trans and intersex individuals, forcing them to conform from birth, in appearance and in behaviour, to a gender that may not correspond to the gender they eventually develop;

106.

As a result, art. 111, 115 and 116 CCQ deprive trans and intersex individuals of their right to liberty in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter; b.

Right to Life, Security and Inviolability of the Person (s. 1 of the Quebec Charter and s. 7 of the Canadian Charter)

107.

The Sex Indication Requirement imposes an even heavier burden on certain intersex individuals;

108.

In most cases, when an intersex individual’s genitalia do not fit the habitual male/female dichotomy, the gender designation appearing on the person’s attestation of birth will be based on a determination made at birth by the attending physician, thereby creating pressure on the child’s family to accept the physician’s designation and to coerce the child into conforming to that designation, irrespective of the child’s true identity;

109.

Furthermore, medical treatments and surgeries will often ensue, some of which will cause the child to grow up sterile, in order to “correct” any perceived anomaly in the child’s genitalia and have it conform to the gender chosen at birth;

110.

Such treatments and surgeries may be followed at puberty with hormonal treatments, once again to ensure conformity between the gender designated at birth;

111.

As a matter of fact, for such treatments and surgeries to be covered by the public health care system, they must be completed before the child turns eighteen, after which point they cease to be reimbursed by the RAMQ;

112.

These medical treatments and surgeries may be risky, are extremely invasive and leave several physical and psychological marks and sequelae;

113.

In some cases, after having undergone years of treatments and surgeries to conform to the gender designated at birth, individuals come to realize that their true identity differs from that appearing on their acts of birth;

- 19 114.

Consequently, the Sex Indication Requirement violates the right to life, personal security and inviolability protected by s. 1 of the Quebec Charter;

115.

For the foregoing reasons and those enounced at paragraphs 105 and 106 supra, the Sex Indication Requirements deprive intersex individuals of their right to liberty in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter; c.

Equality Rights (s. 10 of the Quebec Charter and s. 15 of the Canadian Charter)

116.

Whereas a non-trans and non-intersex person may readily obtain a birth certificate that conforms to his or her lived and felt identity, a trans or intersex person who wishes to obtain the same benefit cannot do so without starting a burdensome and lengthy administrative procedure;

117.

The Sex Indication Requirement thus results in a distinct and disadvantageous treatment of trans and intersex individuals, on the basis of their status as trans or intersex persons, and therefore on the grounds of sex, gender identity or expression, and disability;

118.

This distinction exacerbates the situation of trans and intersex individuals as historically disadvantaged groups and perpetuates stereotypes about them, in addition to forcing them to take administrative action in order to live in accordance with their gender identity;

119.

Consequently, the Sex Indication Requirement violates the equality rights protected by s. 10 of the Quebec Charter and s. 15 of the Canadian Charter.

PARENTAL SEX INDICATION REQUIREMENT AND LIMITED EFFECT CHANGE a.

Right to Freedom, Liberty and Dignity (ss. 1 and 4 of the Quebec Charter and s. 7 of the Canadian Charter)

120.

As previously stated, acts of births are foundational identity documents that are used on multiple occasions by parents for their children in various settings, such as schooling, access to healthcare, travelling or obtaining identity documents;

121.

More importantly, acts of births evidence the filiation and tutorship between parents and their children;

122.

When a child’s act of birth does not reflect one or both of its parents’ gender identity, the parents are put in a situation of having to disclose, explain and in some instances prove their change of sex designation whenever acting in their capacity as tutor to the child;

123.

Such compelled disclosure infringes the parent’s and the child’s right to dignity, as protected by s. 4 of the Quebec Charter;

124.

In addition, acts of births are highly symbolic as they evidence the state’s recognition of the information they carry;

- 20 125.

A discrepancy between a parent’s gender designation on the child’s act of birth and the parent’s gender identity negates the acknowledgement otherwise given by the state that the parent is living under a gender that may differ from a birth gender, thereby encroaching on the parent’s right to dignity, as protected by s. 4 of the Quebec Charter;

126.

The practical effect of the Parental Sex Indication Requirement and the Limited Effect Change is the permanent assignment of a gendered parental role (mother or father) by the state, without any possibility of changing it should a person’s gender identity change or should the assignment not correspond to the person’s lived or felt identity;

127.

This interferes with the parent’s autonomy in the making of a fundamental personal decision, in violation of s. 1 of the Quebec Charter;

128.

Moreover, the Parental Sex Indication Requirement and the Limited Effect Change are (i) arbitrary, in that the gender indicated on a child’s act of birth may not correspond to the current and actual gender identity of the parent (ii) overbroad, as there is little connection between the Parental Sex Indication Requirement or the Limited Effect Change and the law’s goal, which is to identify children, and (iii) grossly disproportionate, in that the Parental Sex Indication Requirement and the Limited Effect Change impose a permanent gender designation on trans parents that does not match their felt or lived identity, either at the time of birth or later;

129.

Consequently, art. 111, 115, 116 and 132 CCQ deprive trans individuals of their right to liberty in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter; b.

Right to Life, Security and Inviolability of the Person (s. 1 of the Quebec Charter and s. 7 of the Canadian Charter)

130.

For trans individuals who had children before they obtained their change of sex designation, the practical effect of the Parental Sex Indication Requirement and the Limited Effect Change is that any person provided with the act of birth of their children knows the sex assigned to these individuals at birth as well as the fact that they are trans;

131.

Given the prevalence of transphobia in society, said parents’ and children’s physical and psychological integrity is therefore exposed to an increased risk of being harmed, in violation of s.1 of the Quebec Charter and s. 7 of the Canadian Charter; c.

Right to Privacy (s. 5 of the Quebec Charter)

132.

As explained in paras. 120 to 122 supra, the Parental Sex Indication Requirement and the Limited Effect Change result in a quasi-perpetual disclosure of the affected parent’s gender identity;

133.

Parents’ gender identity is an intimate aspect of their personality and that of their children;

- 21 134.

As such, the Parental Sex Indication Requirement and the Limited Effect Change infringe the affected parent’s and their children’s right to privacy, as protected by s. 5 of the Quebec Charter; d.

Equality Rights (s. 10 of the Quebec Charter and s. 15 of the Canadian Charter)

135.

The forced disclosure of the discrepancy between parents’ lived gender identity and their legal gender resulting from the Parental Sex Indication Requirement and the Limited Effect Change expose both affected parents and their children to an increased risk of discrimination and denial of access to services otherwise accessible to the public;

136.

In addition, whereas non-trans parents may readily obtain a birth certificate for their children that conforms to their lived and felt identity, a trans parent who wishes to obtain the same benefit cannot do so;

137.

The Parental Sex Indication and the Limited Effect Change thus result in a distinct and disadvantageous treatment of trans parents and of children of trans parents on the ground of sex and gender identity or expression;

138.

This distinction exacerbates the situation of trans parents as historically disadvantaged groups and perpetuates stereotypes about trans individuals as less worthy of recognition as parents;

139.

Consequently, the Parental Sex Indication Requirement and the Limited Effect Change violate the equality rights of trans parents and their children as protected by s. 10 of the Quebec Charter and s. 15 of the Canadian Charter;

THE POSSIBILITY OF HAVING ONE DESIGNATED AS “PARENT”

140.

Some trans people, such as Singer, do not identity as a mother or father to their child, but rather as a parent;

141.

Indeed, the legal designations of “mother/father” do not fit his gender identity and his relationship to his child;

142.

In addition, now that the Medical Treatments and Surgical Operations Requirement has been removed, art. 111 CCQ becomes inadequate to deal with the consequences of said removal;

143.

Indeed, a female-to-male trans person is able to change his sex designation on his act of birth without having to undergo a hysterectomy and its ensuing sterilization;

144.

That same person could then be able to give birth to a child, yet may not want to be designated as the child’s mother;

145.

Singer’s case and the situation of a female-to-male trans person giving birth after having had his change of sex designation illustrate how forcing parents to chose between being designated as the father or the mother of their child infringes on their right to freedom, liberty and dignity of the person, as protected by ss. 1 and 4 of the

- 22 Quebec Charter and s. 7 of the Canadian Charter, as it imposes a gendered parental designation on them; 146.

This also amounts to discrimination based on sex, in breach of s. 10 of the Quebec Charter and s. 15 of the Canadian Charter;

147.

The impossibility of having one designated as “parent” on an act of birth and declaration of birth is (i) arbitrary, in that the gendered parental designation indicated on a child’s act of birth may not correspond to the current and actual gender identity of the parent (ii) overbroad, as there is little connection between the obligation to have one designated as father or mother and the law’s goal, which is to identify children, and (iii) grossly disproportionate, in that individuals in the situations above described are forced to conform to a gendered parental model when they themselves may not identify as a child’s father or mother;

148.

Consequently, art. 111, 115 and 116 CCQ deprive trans individuals of their right to liberty in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter;

VI.I.

ARTICLE 146 CCQ – CIVIL STATUS SEX REQUIREMENT a.

Right to Freedom, Liberty and Dignity (ss. 1 and 4 of the Quebec Charter and s. 6 of the Canadian Charter)

148.1. Certificates of civil status are official identity documents and the information they contain can carry meaningful consequences, including by determining how a person is viewed and treated by the institution or individual requesting it; 148.2. Yet there is no necessary connection between a person’s gender identity and the gender which will be assigned on this person’s certificate(s) of civil status: (a) Trans individuals may end up with an assigned gender that does not match their gender identity; and (b) Intersex individuals, namely individuals whose chromosomes and/or genitalia do not fit the habitual male/female dichotomy, may end up with an assigned gender that may or may not match the gender identity they eventually developed; 148.3. As the legislative goal of identifying individuals can be achieved through other means that are either more objective (date and place of birth, name of the parents) or carry less of a permanent stigma (given name and last name), the Civil Status Sex Requirement should be optional; 148.4. Indeed, an official gender designation that does not match a person’s gender identity has serious impacts on a person’s dignity, in violation of s. 4 of the Quebec Charter; 148.5. In addition, the Civil Status Sex Requirement violates trans and intersex individuals’ right to freedom protected by s. 1 of the Quebec Charter, as institutions or individuals which require that a certificate of civil status be provided to them may impose gendered rules, thus limiting the autonomy of trans and intersex individuals in making

- 23 fundamental personal decisions without the interference of the state (for example, getting married in a jurisdiction that prohibits same sex marriage); 148.6. Moreover, the Civil Status Sex Requirement is (i) overbroad, as there is little connection between the Civil Status Sex Requirement and the law’s goal, which is to identify individuals, and (ii) grossly disproportionate, in that the Civil Status Sex Requirement imposes a gender designation on trans and intersex individuals, forcing them to conform and abide by gendered rules which may not correspond to their felt identity, and requiring them to disclose private details about their lives; 148.7. As a result, art. 146 CCQ deprives trans and intersex individuals of their right to liberty in a manner that is not consistent with the principles of fundamental justice, in violation of s. 7 of the Canadian Charter; b.

Right to Privacy (s. 5 of the Quebec Charter)

148.8. Because a person’s gender identity is of an inherently intimate and private nature, the Civil Status Sex Requirement, which forces the disclosure of a gender – a gender which may well not comport with a person’s felt identity - interferes with a person’s right to make fundamentally personal decisions free from unjustified external interference and exposes individuals to potential discrimination and daily prejudice; 148.9. The Civil Status Sex Requirement thus violates the right to privacy of trans individuals protected by s. 5 of the Quebec Charter; c.

Equality Rights (s. 10 of the Quebec Charter and s. 15 of the Canadian Charter)

148.10. Whereas a non-trans and non-intersex person may readily obtain a certificate of civil status that conforms to his or her lived and felt identity, a trans or intersex person who wishes to obtain the same benefit cannot do so without starting a burdensome and lengthy administrative procedure; 148.11. The Civil Status Sex Requirement thus results in a distinct and disadvantageous treatment of trans and intersex individuals, on the basis of their status as trans or intersex persons, and therefore on the grounds of sex, gender identity or expression and disability; 148.12. This distinction exacerbates the situation of trans and intersex individuals as historically disadvantaged groups and perpetuates stereotypes about them, in addition to forcing them to take administrative action in order to live in accordance with their gender identity; 148.13. Consequently, the Civil Status Sex Requirement violates the equality rights protected by s. 10 of the Quebec Charter and s. 15 of the Canadian Charter; WHEREFORE, MAY IT PLEASE THIS COURT TO: I.

GRANT the Plaintiff’s Motion to Institute Proceedings for a Declaratory Judgment;

- 24 I.I.

DECLARE that art. [… ] 60 and 62 of the Civil Code of Quebec are contrary to ss. 1, 4, 5 and 10 of the Quebec Charter;

I.II.

DECLARE that art. […] 60 and 62 of the Civil Code of Quebec are invalid and of no force or effect pursuant to s. 52 of the Quebec Charter;

I.III.

DECLARE that art. […] 60 and 62 of the Civil Code of Quebec are contrary to ss. 7 and 15 of the Canadian Charter;

I.IV.

DECLARE that art. […] 60 and 62 of the Civil Code of Quebec are invalid and of no force or effect pursuant to s. 52 of the Canadian Charter;

II.

DECLARE that art. 71 […] of the Civil Code of Quebec and section 23.2 of the Regulation respecting change of name and of other particulars of civil status; are contrary to ss. 1, 4 and 5 […] of the Quebec Charter;

III.

DECLARE that art. 71 […] of the Civil Code of Quebec and section 23.2 of the Regulation respecting change of name and of other particulars of civil status are invalid and of no force or effect pursuant to s. 52 of the Quebec Charter;

IV.

DECLARE that art. 71 […] of the Civil Code of Quebec and section 23.2 of the Regulation respecting change of name and of other particulars of civil status are contrary to ss. 7 and 15 of the Canadian Charter;

VI.

DECLARE that art. 111, 115 and 116 of the Civil Code of Quebec are contrary to ss. 1, 4 and 10 of the Quebec Charter;

VII.

DECLARE, pursuant to s. 52 of the Quebec Charter, that art. 111, 115 and 116 of the Civil Code of Quebec must be read so as to make the sex designation in acts of birth optional;

VII.I.

DECLARE, pursuant to s. 52 of the Quebec Charter, that art. 111, 115 and 116 of the Civil Code of Quebec must be read so as to allow parents to identify themselves as a “parent” in acts of birth, as opposed to a “mother” or a “father”;

VIII.

DECLARE that art. 111, 115 and 116 of the Civil Code of Quebec are contrary to ss. 7 and 15 of the Canadian Charter;

IX.

DECLARE, pursuant to s. 52 of the Canadian Charter, that art. 111, 115 and 116 of the Civil Code of Quebec must be read so as to make the sex designation in acts of birth optional;

DECLARE, pursuant to s. 52 of the Canadian Charter, that art. 111, 115 and 116 of the Civil Code of Quebec must be read so as to allow parents to identify themselves as a “parent” in acts of birth, as opposed to a “mother” or a “father”;

- 25 XI.

DECLARE that art. 132 of the Civil Code of Quebec is contrary to ss. 1, 4, 5 and 10 of the Quebec Charter;

XII.

DECLARE, pursuant to s. 52 of the Quebec Charter, that art. 132 of the Civil Code of Quebec must be read so as to allow a person’s change of sex designation to be made on the acts of birth of that person’s children;

XIII.

DECLARE that art. 132 of the Civil Code of Quebec is contrary to ss. 7 and 15 of the Canadian Charter;

XIV.

DECLARE, pursuant to s. 52 of the Canadian Charter, that art. 132 of Civil Code of Quebec must be read so as to allow a person’s change of sex designation to be made on the acts of birth of that person’s children;

XIV.I. DECLARE that art. 146 of the Civil Code of Quebec is contrary to ss. 1, 4, 5 and 10 of the Quebec Charter; XIV.II. DECLARE invalid and of no force or effect pursuant to s. 52 of the Quebec Charter the requirement that certificates of civil status set forth a sex; XIV.III. DECLARE that art. 146 of the Civil Code of Quebec is contrary to ss. 7 and 15 of the Canadian Charter; XIV.IV. DECLARE invalid and of no force or effect pursuant to s. 52 of the Canadian Charter the requirement that certificates of civil status set forth a sex; XIV.V. DECLARE that art. 93, 124 and 126 CCQ must be modified such that they are consistent with the modifications required of the other provisions impugned by these proceedings; THE WHOLE with costs. MONTRÉAL, July 29, 2016 (S) Irving Mitchell Kalichman LLP COPIE CONFORME/TRUE COPY

IRVING MITCHELL KALICHMAN

Me Audrey Boctor aboctor@imk.ca IRVING MITCHELL KALICHMAN LLP 3500 De Maisonneuve Blvd. W., Suite 1400 Montréal, Québec H3Z 3C1 T: 514 934-7737 | F: 514 935-2999 Attorneys for the Plaintiffs CENTRE FOR GENDER ADVOCACY SAMUEL SINGER SARAH BLUMEL ELIZABETH HELLER –ANDJENNA MICHELLE JACOBS Our file: 3728-1 BI0080

BI0080

IRVING MITCHELL KALICHMAN S.E.N.C.R.L./LLP Place Alexis Nihon | Tour 2 3500, boulevard De Maisonneuve Ouest | bureau 1400 Montréal (Québec) H3Z 3C1  514 935-4460  514 935-2999 Me Audrey Boctor  3728-1 aboctor@imk.ca  514 934-7737

Copy for Notification

Plaintiffs v. THE ATTORNEY GENERAL OF QUEBEC Defendant AND ÉGALE CANADA HUMAN RIGHTS TRUST -andGENDER CREATIVE KIDS CANADA -andLGBT FAMILY COALITION Interveners FOURTH AMENDED MOTION TO INSTITUTE PROCEEDINGS FOR A DECLARATORY JUDGMENT (Arts. 110, 453 & 456 C.C.P.; Art. 529(1) N.C.C.P.)

CENTRE FOR GENDER ADVOCACY -andSAMUEL SINGER -andSARAH BLUMEL -andELIZABETH HELLER -andJENNA MICHELLE JACOBS

SUPERIOR COURT (Civil Division) DISTRICT OF MONTREAL PROVINCE OF QUEBEC

No 500-17-082257-141