While a number of provinces offer gender-neutral birth certificates, many in Canada’s trans and gender-diverse communities say they are concerned their lived identity is not always reflected in official documents after their death. Callum Tate, a transgender man, is pictured in his Toronto apartment on Saturday, Dec. 22, 2018. (Chris Young/The Canadian Press)

Transgender Canadians say death certificates don’t reflect their lived identity

Medical certificate of death reflects the sex as per the physical characteristics observed at autopsy

While a number of provinces offer gender-neutral birth certificates, many in Canada’s trans and gender-diverse communities say they are concerned their lived identity is not always reflected in official documents after their death.

“It’s the final ‘screw you,’” says Callum Tate, a Toronto transgender man in his mid-30s. ”It erases them without their voice here to say, ‘You made a mistake.’”

Between 2012 and 2017, all Canadian provinces and territories amended their Vital Statistics Act and lifted the requirement of gender confirmation surgery for people to change their gender on various documents. Five provinces and two territories offer a gender-neutral option.

READ MORE: X gender identity now recognized on B.C. IDs

Death certificates, however, are far behind.

“How an individual’s identity is reflected on vital event certificates is an important conversation that is being had in jurisdictions right across the country,” says Maria MacInnis at the Nova Scotia Vital Statistics and Medical Examiner’s Offices.

At the time of death, she says, the medical examiner or last attending physician completes the medical certificate of death, which reflects the sex as per the physical characteristics observed at autopsy. While each province has its own policy, practices across Canada are similar.

As only a small percentage of trans people opt to get gender confirmation surgery, the anatomy of the deceased doesn’t always reflect their gender identity.

READ MORE: B.C. to offer gender-affirming surgeries for transgender people

“In Canada, ascertaining the identity of a deceased person remains a very medicalized and pathologizing process that understands and empathizes the deceased person as a body categorized by sex assignment,” says Kate Hazell, a co-ordinator at The 519 — a Toronto-based agency that advocates for the LGBTQ community.

“There is currently no meaningful mechanism to ascertain the self-identified gender of a deceased person,” she says.

Hazell is aware of trans Canadians who were misgendered in official documents after death, though she declined to share their names for confidentiality reasons. The problem is also present in other countries, including the U.S.

“Not having one’s lived identity recognized at and after death is a form of violence,” says Hazell. “It also does harm to community, friends, partners and family who wish to ensure their loved one is represented in an authentic and respectful way.”

Misgendering after death may be deeply distressing to grieving family and friends, say advocates.

“It can also impact genealogical records, insurance claims and delays in settling the estate,” says Susanne Litke, lawyer and acting chair of the Nova Scotia Rainbow Action project.

For the Canadians who identify as transgender, concerns about death certificates can come tragically early. The 2015 Trans Pulse Report found that 20 per cent of transgender people in Ontario had been physically or sexually assaulted because they were trans, and 67 per cent feared they would die young. The 2017 Canadian Trans Youth Health Survey reports that transgender youth aged 19 to 25 had over 16 times the risk of a suicide attempt in the past year than cisgender youth of the same age.

A will is the only legal document that can help trans individuals express their wishes after death, says Litke.

“People can put in their will their name and gender to be respected and ask their executor to follow those requests,” she says.

Tate, whose father has dementia, says he worries about what will happen if he develops the condition and can’t advocate for himself one day.

“Government identification forms should include this question: ‘In the event of my death, I want to be referred as: Name, Gender,’” he says.

MacInnis says the way forward may include collection of both sex observed at autopsy as well as lived gender.

“Maintaining information on the anatomical sex of a person is important as health conditions related to the cause of the death can present differently” depending on biological sex, she says. “That being said, it is also important to gather statistical information on the 2SLGBTQIA+ community over time to improve health provision, service and outcomes.”

— Marie-Claude Grégoire is a pain and palliative medicine physician and a fellow in global journalism at the Munk School of Global Affairs at the University of Toronto.


Like us on Facebook and follow us on Twitter.

Just Posted

KidStart wants you to give the gift of time this Christmas

‘It makes people feel valued, and that’s one of the most important things in the world’

North Island emergency and safety organizations get government funding

Seven not-for-profit emergency and safety organizations in the North Island received $219,500… Continue reading

Campbell River Killer Whales divide and conquer meets on opposite sides of the country

Eight athletes competed in Montreal, while 15 made a splash in Victoria over the weekend

Campbell River mom’s iPhone containing priceless photos stolen from Victoria hospital parkade

The phone contained photos, heartbeat recordings of her late son

Fireballs to fill the sky Friday for brightest meteor shower of the year

Geminid meteor shower features colourful, brighter, longer shooting stars

Province sues over sailing incident that killed teen with disabilities

Gabriel Pollard, 16, died from injuries after marine lift failed

First Nations want Big Bar landslide cleared ASAP to allow fish passage

Leadership calling for urgent action and resources to remove obstruction on the Fraser

Assessed value of Lower Mainland homes expected to decrease in 2020

Other areas of province may see modest increases over last year’s values

Chilliwack family’s therapy dog injured in hit and run

Miniature pit bull Fifty’s owner is a single mother facing close to $10,000 in vet bills

Cougar destroyed in Penticton area after mauling dog, killing cat

This is the first reported incident with a cougar this year in the Penticton area

Feds not enforcing standards on Hungarian duck imports, B.C. farmer says

‘You have no way of knowing what’s in the bag’

No reports yet of Canadians affected by New Zealand volcano eruption, feds say

Missing and injured included tourists from the U.S., China, Australia, Britain and Malaysia

Most Read