Analyse transaffirmative des conclusions du jugement 500- 17-082257-141 concernant des dispositions du Code civil du Québec relatives à la désignation du sexe au registre de l’état civil

Abstract

Analysis of a decision rendered in January 2021 by the Honourable Justice Gregory Moore of the Superior Court. This ruling brings various changes to the provisions of the Civil Code of Québec on the designation of sex in the register of civil status. In this case, the Centre for Gender Oppression of Concordia  University  and  four  individuals initiated an action against the Government of Quebec. The purpose of this action was to defend the rights of trans and non-binary people  by  requesting  changes  to  the conditions for changing sex and name on birth certificates. This article outlines the historical context in which the demands were presented, as well as a brief presentation of those  that  were  granted,  denied  or challenged. Based on the values of trans- affirmative approaches, an analysis of the strengths and limitations of this judgment is made by three candidates for the Master’s degree in social work at Laval University. Finally,  alternatives  inspired  by  certain national or international laws are presented in response to the applications that were refused or contested.