Release: Gender justice groups urge BC government to repeal harmful name change ban

07/11/2024Access to justice, Gender-based violence, Healthcare Press

Vancouver, unceded Xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh) homelands – Gender justice groups from across the province are calling on the BC Government to repeal Bill 26 the Name Amendment Act (No 2) 2024. The bill changed the Name Act, restricting access to legal name changes for many British Columbians.

The new Name Act bans legal name changes for people convicted of certain offences; for people found not-criminally responsible for certain crimes, and for people designated as dangerous or long-term offenders. It adds a new criminal record check for all applicants over 12 years old, and imposes mandatory records sharing between the Vital Statistic Agency and the RCMP. Applicants will face increased costs, a 4-month delay in processing applications, and for many, the inability to change their names at all.

Changes to the law were not necessary to protect the public, and it harms those most in need of legal name changes, including transgender people, Indigenous people, and survivors of gender-based violence. Lawmakers did not consider the factors that contribute to these groups being overrepresented in the justice system. None of the affected communities were consulted.

The name change ban interferes with the human rights of transgender people to use their chosen names; and with UNDRIP and the Truth and Reconciliation Commission’s requirement that governments enable residential school survivors and their families to reclaim Indigenous names. Survivors of gender-based violence also depend on legal name changes for their safety. These restrictions violate the legal rights of these communities under the Charter, the BC Human Rights Code, and international law.

The groups call on the province to repeal the Name Amendment Act (No. 2), and to improve access to correct identity documents, and to dignity for their communities.

Adrienne Smith (they/them), Litigation Director at CWHWC Trans Legal Clinic

“We are profoundly disappointed the BC Government banned legal name changes for many British Columbians. The change was not needed and won’t protect the public. Our chosen names are human rights, and correct ID is necessary to work, to vote, to participate in civic life, and to keep us safe. ID mismatches are used across the province to deny access to health and social services, particularly emergency shelters. This change hurts people standing farthest from justice, because it essentially sentences trans people to permanent deadnaming. That is unlawful, and it is wrong. Everyone should be entitled to the basic dignity of a name.

Grand Chief Stewart Phillip (he/him), President, Union of BC Indian Chiefs, says:

“The law frustrates decolonization work. UNDRIP and the Truth and Reconciliation Commission call on all levels of government to enable residential school survivors and their families to reclaim names changed by the residential school system. This law prevents name changes for people with some criminal convictions. Indigenous people are overrepresented in the justice system, so this change seems heavy handed and unfair.”

Didi Dufresne (he/they/she), Director of Legal Services, QMUNITY:

“The criminal offenses listed include charges historically used to criminalize queer sex (like gross indecent, incident acts, exposure); charges related to sex work which are constitutionally suspect, and a number of non-violent offenses like breaking and entering or trespassing at night. The law includes alarming information sharing between the Ministry of Health and the RCMP. There is no reason children should have to submit to criminal records checks or have their information shared with police. The added cost, delays, and the threat to health record security is alarming.”

Kate Feeney (she/her), Director of Litigation at West Coast LEAF

“A speedy and accessible name change process is crucial for survivors trying to escape ongoing violence and stalking when other options have failed to protect them. Everyone deserves safety from gender-based violence—period, including survivors who have had engagement with the criminal legal system.”

Lee Nevens (they/them), President at the Canadian Bar Association BC Branch:

“Transgender people, Indigenous people, and survivors of gender-based violence face legal issues that impede their access to justice and present unnecessary barriers to their full participation in society. It is increasingly important to champion equity and inclusivity while upholding human rights principles. CBA’s Access to Justice for Trans People Report called on governments to simplify name change processes, not increase procedural steps and costs. This Act doesn’t meet that goal and, in fact, increases the barriers.”

Kit Rothschild (they/them), Community Co-Executive Director at PACE Society

“New changes to the Name Act changes will hit trans, Two-Spirit, and non-binary IBPoGM communities especially hard, as they are over represented in sex work due to systemic barriers to employment. Name changes are essential to safety, self-determination, and dignity. These amendments risk exposing those with sex work related arrest records, amplifying discrimination and stigma in ways that undermine their rights and safety. This policy not only disregards their lived realities but threatens to deepen the marginalization they already face.”

Dylana Thompson (she/her), Society for Advocacy for Gender-Affirming Healthcare

“At a time where trans lives are being dangerously politicised in BC and in neighbouring provinces, we are disappointed to see a progressive government make decisions that impact vulnerable communities without consultation and expertise from organisations serving, advocating for, and led by 2S/LGBTQIA+ people. In our province, Two-Spirit, trans, and nonbinary people face significant barriers accessing lifesaving healthcare. Legal transition is one critical component of this care, recognized and upheld by the World Professional Association for Transgender Health (WPATH). Excessive delays and exclusionary policies are unfortunately the norm when it comes to trans health–this amendment to the Name Act is a further restriction harming the health and wellbeing of our most marginalised. We encourage the government to reassess the impacts of this legislation and consult with affected communities.”

Learn more about the impacts of the amendments to the Name Act in the backgrounder.

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