Jainey Lee Bresson is a woman with a trans medical history. Last year, in the midst of her transition from male to female, she applied for her name to be changed, and for the correct designation of her gender to be shown on her government-issued ID.
Two months later, she was issued a birth certificate with her new name. The sex marker, however, still indicated that she was a male.
Bresson’s application was refused because Nova Scotia requires transexual people to prove they’ve had sex reassignment surgery (SRS) in order to change the sex on their government documents. This requirement has been condemned by the World Health Organization and over half a dozen United Nations groups, and unequivocally labelled as “torture” in a recent UN report.
“Somebody had to step up and start the process of challenging this. I realized that that person had to be me,” says Bresson. On June 16, she filed a human rights complaint with the Nova Scotia Human Rights Commission. In her statement, she deplored that because her sex marker didn’t match her appearance, she faced greater scrutiny and could even be arrested for using the woman’s restroom.
In early September, her human rights agent, Shannon Tarr, met with lawyers from the Department of Justice and the Department of Vital Statistics. Tarr says she left the meeting with a promise that the matter would be brought to the House in December or January and passed by the spring of 2015. Bresson and her agent agreed to put the human rights complaint on hold until then. Last week, as promised, the government announced its plan to bring in legislation next spring and possibly drop the SRS requirement.
Bresson says she wishes the government would have acted sooner. In September, she received a letter from Minister of Justice Lena Metlege Diab informing her that a nation-wide Vital Statistics Act was currently in the works, and that sex designation on birth certificates was the first and current topic researched.
“Basically, they were perfectly happy with waiting for the national change to come out, but the fact is that my complaint forced the issue locally in the province. They had to either act or face the human rights tribunal,” she says.
Human rights complaints have already prompted Ontario, Alberta and Manitoba to amend their Vital Statistics Acts. In each case, the human rights tribunals ruled that the surgery requirement for a sex marker change violated the rights of transgender people.
Tracy Barron, media relations advisor for Services Nova Scotia, says the government has been looking into the issue for over a year.
“We have met with the Nova Scotia Human Rights Commission on this issue,” she says, but denies that the government’s decision was prompted by Bresson’s human rights complaints.
Kate Shewan, Chair of the Nova Scotia Rainbow Action Project (NSRAP), says the push for the ability to change gender markers on ID documents has been a community effort.
She believes however that the government should take it a step further and allow people to remove gender markers from their identification. “For anybody who is gender neutral, non-binary or gender fluid, the ability to change their sex marker from male to female or female to male doesn’t really help,” she explains.
Shewan is not optimistic that this particular change will be brought forward by the government anytime soon. “This is something that hasn’t happened in other provinces, and Nova Scotia unfortunately tends to be a follower and not a leader in these things,” she adds.
Jainey Lee Bresson says her human rights agent will continue to be in contact with the minister’s office to make sure the issue doesn’t get back-burned.
“My school, bank, insurance company, literally everybody I deal with has updated my ID except for the government. It about time.”
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This article appears in Oct 30 – Nov 5, 2014.
If “sex marker” refers to genitalia, then I agree with the current law. If the law is changed to allow a person with male genitalia to use a female washroom, what is to stop, for example, a male disguised as a female to enter a female washroom and accost a female sexually. Think about it!
tranifesto.com/transgender-faqs-and-info/five-points-for-non-trans-people-about-public-restroom-use/
Violet, What’s to stop someone from doing that NOW?? A sexual predator can do that at any point in time if they feel the compulsion. Your argument is just not valid.
By your logic, the only thing holding back a sexual assault in a women’s bathroom is a gender designation on a piece of paper. That’s ludicrous.
Frankly, I’m sick of hearing stuff like this. Males who commit sexual assaults are NOT the same as someone who has had SRS. Educate yourself before posting skewed, uneducated opinions like this.
Violet, please provide links to statistics that show there has been an increase of sexual assaults in bathrooms perpetrated by men in dresses (not transwomen) in places that have already removed the requirement of SRS for gender marker changes. I won’t hold my breath waiting……
Jess Murray – I just read that link – VERY informative, and the information was right on the mark. Sometimes people over complicate the obvious – the loo is the loo. plain and simple, but I guess some people need to be reminded that we all need to pee. 🙂 TY for posting that
Jainey Lee, from Montreal, I support you. Seems like your HR Commission is much better than ours so don’t drop your Human Rights case until they actually ENACT the law. Quebec has passed a law on December 6 2013 and it’s still not in force.
The chemical castration caused by six months of hormone replacement therapy is what keeps cis male predators from attempts at accosting women in restrooms while hiding behind the human rights of the trans community. The addition of fraud charges for such claims on top of the charges for any assaults commited would add to any prison sentence, as well as showing pre-meditation and adding lying in wait charges again increasing prison times. These are only a few things scratching the surface of what is to stop male sexual predators from claiming to be trans to assault women. The batbroom arguement has been used in the past against gays and minorities alike in the struggle for equality, and every time it has been in desperation to justify holding onto bigotry. I’m on the right side of history, are you?
I’m a female-to-male going through a human rights battle currently in Nova Scotia for the same reason. 10+ years on testosterone, 10+ years with a legal name change, living full time as male. the only time I’m ever reminded of my trans-ness by others is when I have to look at the F on my Health card and provincial ID. Even though I paid $500 to have my name legally changed so many years ago I still get asked if it’s my real name because my ID reads female. Going to any medical establishement that isn’t my local family doctor or any bar, liquor store or anything at all requiring an ID or health card to enter is a humiliating and demeaning experience because I am always forced out out myself. It has decreased my quality of life, increased the depression and anxiety I already struggle with, and made me feel like a second-class citizen in Nova scotia. And judging my the responses myself and my lawyer get when we file complains, requests, ect., it is abundantly clear that Nova Scotia does not care about the rights of trans people and is content to continue to torture them for as long as they can possibly hold out doing so.
Violet: if you are worried about a man in a dress to accost a female, that would have happened by now. Anyone can wear a dress and enter the restroom. They could easily disguise themself with the right makeup and wig. There are laws against such behavior. Stop this potential victim mentality. Curriously, I only have heard of women been accosted outside the ladies washroom. No crime scene here…
Fun fact: The majority of attacks in women’s washrooms have occured when cis women attack trans women. So, you know, the exact opposite of what you’re worried about. Maybe cis women should be banned from restrooms because they’re a danger to trans women.
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