A transgender woman in Greater Sudbury is expressing frustration after repeatedly receiving a voter’s card bearing her former name, despite legally changing her name over a decade ago.
Catherine Hart, who transitioned and updated her legal documents more than 10 years ago, said she continues to receive voter cards with her old name during provincial elections.
Deadnaming
The practice of referring to a transgender person by their pre-transition name – known as deadnaming – has left Hart feeling disrespected and discouraged, she told CTV News.
“It’s been very frustrating because, you know, (trans people) deal with so much,” Hart said.
“We deal with not only the general public but also professional settings. This one is no different.”
Hart said the issue led her to abstain from voting in this year’s provincial election.
“I have to pretend as if I was never registered to vote,” she said.
“I have to go through the process of showing my ID and proving who I am, explaining my whole life story.”
Potential legal action
Douglas Elliott, a human rights lawyer based in Elliot Lake, Ont., who has represented the 2SLGBTQ+ community in landmark cases, emphasized the emotional toll of deadnaming.
“In my experience, there is nothing more traumatic in everyday life for a trans person than to be deadnamed,” Elliott said.
“It brings back bad memories, makes them feel like their transition has been cancelled, and is very, very upsetting.”
Elliott said cases like Hart’s are not uncommon and often stem from systemic indifference.
“Sometimes it’s difficult to fix because, too often, the people in charge don’t really care that much,” he said.
“They just say, ‘Use that name on your passport,’ but then you have to explain your life to a total stranger. It’s very upsetting.”
Hart has contacted a human rights lawyer to explore potential legal action against Elections Ontario.
While she remains legally eligible to vote, Elliott, who is not representing Hart, believes she may have grounds for a case because it hindered her ability to vote.
“There is potential for a case, for sure,” Elliott said.
“The records ought to be corrected. She would be entitled to an order from the Human Rights Tribunal correcting the record so this doesn’t happen again, and she’s entitled to an apology. It’s a terrible thing to lose your right to vote. There are few things more precious in a democracy than the right to vote.”
Elliott also called on Elections Ontario to address the issue, particularly in light of the current climate for transgender individuals.
“There’s a lot of hate out there right now, and a lot of fear and anxiety among transgender people about being mistreated,” he said.
“In a country like Canada, where we care about human rights, I would expect our officials to be super careful and not sloppy like this.”
Hart has received correct voter information cards from Elections Canada for federal elections in the past.
Moving forward
Hart, meanwhile, said she hopes the situation will be resolved before the next election, allowing her to leave her old life and old name in the past, where she said it belongs.
CTV News did reach out to Elections Ontario for comment but have not heard back at this time.
