Kyra Rees (Canada)

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Kyra Rees is a man who identifies as a woman. He has filed a lawsuit challenging Section 26 of Newfoundland and Labrador’s Vital Statistics Act, which requires medical procedures that comprise a change of anatomical sex in order to change your sex marker on your birth certificate. His lawyer appears to be a relative, Kyle Rees.

Here is the law Rees feels violates his rights to “be a woman”:

Application to change designation of sex

      26. (1) The registrar general may, upon application by a person who has undergone transsexual surgery verified by statutory declaration, record a change on the registration of birth of that person so that it shall be consistent with the results of the surgery.

             (2)  An application made under subsection (1) shall include

             (a)  a medical certificate, signed by a medical practitioner legally qualified to practise medicine in the jurisdiction in which the transsexual surgery was performed certifying that

                      (i)  the medical practitioner performed or assisted in performing the transsexual surgery upon the applicant, and

                     (ii)  as a result of the transsexual surgery the designation of the sex of the applicant should be changed;

             (b)  a certificate, signed by a medical practitioner other than the medical practitioner who performed or assisted in the transsexual surgery upon the applicant, certifying that

                      (i)  the medical practitioner who signed the certificate examined the applicant,

                     (ii)  the results of the examination substantiate that the transsexual surgery was performed upon the applicant, and

                    (iii)  as a result of the transsexual surgery the designation of the sex of the applicant should be changed; and

             (c)  other documentary evidence the registrar general may require.

             (3)  Where a medical certificate required under paragraph (2)(a) cannot be obtained, the registrar general may require other evidence of the matters to be contained in that certificate that the registrar general considers necessary.

             (4)  A birth certificate issued after recording a change under this section shall be issued as if the original registration had been made with the sex as changed.

             (5)  A person who has undergone transsexual surgery and who has fulfilled the requirements of this section may apply to the registrar general to record the change of sex on the person’s marriage certificate to be consistent with the results of the person’s surgery, and the registrar general may, where the consent of the person’s spouse has been obtained, record the change on the marriage certificate.

VOCM