Digest: Forsberg v Government of Saskatchewan, 2018 SKQB 159

• Date: May 18, 2018

Reported as: 2018 SKQB 159

Docket Number: QB17546 , QBG 2037/17 JCR

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

• Krogan

Subjects:

• Statutes � Interpretation � Saskatchewan Human Rights Code, Section 12
• Statutes � Interpretation � Vital Statistics Act, Section 31, Section 65

Digest: The chief commissioner of the Saskatchewan Human Rights Commission applied to the court for a hearing under s. 29.6 of The Saskatchewan Human Rights Code. The application was made with the consent of all parties to the action and on the basis of an agreed statement of facts that would conclude the matter without the necessity for a hearing. The complainants filed complaints against the Government of Saskatchewan and eHealth Saskatchewan due to specific provisions in The Vital Statistics Act. Under s. 65 of the Act, a birth certificate sets out the sex of an individual. If a person is over the age of 18, s. 31 permits them to apply to the registrar of Vital Statistics to have the designation of sex amended on the certificate, but the Act did not contain a mechanism for anyone under 18 to amend. Further the Act did not permit an individual, regardless of age, to choose not to identify as either male or female. The complainants were transgender individuals under the age of 18.
HELD: The court found that ss. 31 and 65 of the Act breached the rights of each complainant under s. 12 of the Code and ordered that their respective birth certificates be amended to show a female sex designation and one was to be issued without a sex designation.

Statutes Considered:

• Saskatchewan Human Rights Code, SS 1979, c S-24.1, s 2
• Saskatchewan Human Rights Code, SS 1979, c...