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The Civil Resolution Tribunal (CRT) says it is the first court in British Columbia to address participants by their correct pronouns and chosen names throughout the dispute resolution process.
Although optional questions regarding pronouns and chosen names have been included in CRT forms since 2017, several updates have now been made to support the needs of the LGBTQ+ community.
Part of the justice system in BC, the CRT is an independent administrative tribunal that adjudicates small claims, vehicle accident claims, strata, societies and cooperative association disputes in the province.
As of Aug. 31, it has handled 23,876 disputes.
The court says that unintentional misgendering during a dispute resolution process could have a negative impact, and cause unnecessary distress or harm.
CRT chair Shannon Salter and others met with members of the Canadian Bar Association BC (CBABC) Sexual Orientation and Gender Identity Community (SOGIC) Section to ask for feedback.
“Our collective understanding of best practices for inclusivity continues to evolve, and the CBABC SOGIC Section members generously helped us ensure our forms, processes and language are up to date” said Salter.
Lisa M.G. Nevens, SOGIC CBABC co-chair, added that “SOGIC is grateful for the CRT’s leadership in this area, its consultation with us, and its ongoing commitment to ensuring its practices are inclusive of trans, non-binary and other gender diverse people.”
Parties are given updated options to indicate their pronouns, title, and chosen names which are used in CRT communications and tribunal decisions.
Where a party’s pronouns are unknown, gender neutral pronouns such as “them/they/their” are used.
The CRT amended their Code of Conduct to specifically state that abusive behaviour includes deliberately refusing to use a person’s indicated name, title or pronouns in written or verbal communications.
“While abusive behaviour of this kind is extremely rare at the CRT, we want to ensure that all participants know that the tribunal is a safe place for them by clearly explaining and enforcing expectations,” Salter noted.
Another area that the CRT says requires further work is requiring legal names on court-enforceable orders.
For a CRT order to be enforceable as a court order, it must include the parties’ legal names.
However, a transgender or non-binary person’s legal name may be their former name, or deadname, which is what a person’s birth name is called after they change it legally.
Using a person’s deadname can be harmful and traumatic, the CRT noted.
Since this is outside the CRT’s jurisdiction, the court added that it is committed to raising this issue within the justice sector to advocate for changes to the legal requirements around the enforcement of court orders.
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