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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COLUMN: Pre-clearance changes at Canadian airports

Some believe these expanded powers may be contrary to the Canadian Charter of Rights and Freedoms

Successful Canadian Sport School coming to Penticton

A meeting is planned for February about Canadian Sport School - Penticton

Vehicle fire occurred outside of fire departments’ coverage areas

Neither Summerland nor Peachland detachments attended incident at Okanagan Lake Provincial Park

U.S. lawyer charged with allegedly smuggling restricted firearms across Osoyoos border

Shawn Jensen allegedly smuggled AR-15, Ruger .22 over U.S./Canada border, with no licence.

Okanagan among Canada’s most at-risk habitats: WWF report

Report found the Okanagan is inadequately protected despite being a hotspot for at-risk species

UBCO students raise funds for those affected by Philippine volcano eruption

All proceeds will be donated to the Philippine Red Cross

B.C. RCMP spent roughly $750K on massive manhunt for Port Alberni men

Manitoba RCMP helped with 17-day search through the province’s northern terrain

Future space homes could be made of mushrooms

NASA explores use of fungi to build structures in space

Empty speedboat sinks off Kelowna shore on Okanagan Lake

This is the third report of a boat found in the lake in the past two weeks

Man killed by police in Lytton called 911, asking to be shot: RCMP

Howard Schantz, also known as Barry Schantz was killed following a standoff at his Lytton home

UPDATE: Revelstoke City Council gives themselves a raise, councillor resigns in protest

The mayor’s pay is set to go from $30,000 to $60,000 over three years

Kelowna General Hospital takes steps to prevent spread of coronavirus

So far, at least six people have died and 275 people have contracted the virus worldwide

Most Read