Vancouver, unceded Xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh) homelands — Gender justice organizations across British Columbia are sounding the alarm over Bill 26, the newly passed Name Amendment Act (No. 2) of 2024, calling for its immediate repeal. The sweeping amendment limits access to legal name changes for many British Columbians, particularly impacting marginalized communities including transgender people, Indigenous peoples, and survivors of gender-based violence. Advocates argue the changes not only infringe on human rights but are also unnecessary for public safety.
What the Name Act Amendment Does
Under Bill 26, people convicted of certain crimes, those deemed dangerous or long-term offenders, and individuals found not criminally responsible due to mental health conditions are barred from legally changing their names. For anyone over the age of 12, a new criminal record check requirement imposes delays and fees. The bill also mandates information-sharing between the provincial Vital Statistics Agency and the RCMP, raising serious privacy concerns. According to advocates, the added red tape and surveillance discourage people from seeking necessary name changes, which serve as a lifeline for safety, identity, and dignity.
This law effectively sentences trans people to permanent deadnaming—a denial of our basic human rights.
Adrienne Smith, litigation director, CWHWC Trans Legal Clinic
“Changes to the law were not necessary to protect the public,” stated Adrienne Smith, Litigation Director at the CWHWC Trans Legal Clinic. “Instead, they harm those most in need of legal name changes, including trans people, Indigenous people, and survivors of violence. The BC government has essentially sentenced trans people to permanent deadnaming, a blatant violation of human rights.” Smith pointed out that this “deadnaming” denies people access to correct ID, which is often crucial for health and social services, including shelters. “ID mismatches are weaponized across the province to deny access to these services,” Smith added. “That’s unlawful, and it’s wrong.”
A Barrier to Decolonization and Indigenous Rights
Indigenous leaders are also raising the alarm, asserting that Bill 26 directly interferes with decolonization efforts and Indigenous name reclamation—a core recommendation of both UNDRIP and the Truth and Reconciliation Commission. These frameworks call on governments to allow residential school survivors and their families to reclaim Indigenous names erased by colonial policies, without punitive barriers. Yet, by barring name changes for those with criminal records, Bill 26 disproportionately affects Indigenous individuals, who are overrepresented in the justice system due to systemic discrimination.
“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,” said Grand Chief Stewart Phillip, President, Union of BC Indian Chiefs.
Queer Criminalization, Privacy Risks, and Barriers to Justice
The law’s criteria includes historical charges used to criminalize queer communities—offenses such as “gross indecency” or “indecent acts” that targeted queer and trans people for simply existing. Didi Dufresne, Director of Legal Services at QMUNITY, underscored the amendment’s disregard for LGBTQ+ history and privacy rights. “There’s no reason children should have to submit to criminal record checks or have their information shared with the RCMP just to get proper ID,” Dufresne said. “The added cost, delays, and risk to health record security are deeply concerning.”
The BC government’s actions send a clear message: marginalized people are not prioritized in policy decisions, even when the impacts on their lives are direct and harmful.
Lee Nevens, President of the Canadian Bar Association BC Branch
Kit Rothschild, Co-Executive Director at PACE Society, echoed these concerns: “Name changes are essential to safety, self-determination, and dignity, particularly for trans, Two-Spirit, and non-binary people disproportionately represented in sex work. The new law amplifies stigma and discrimination by exposing those with sex work-related charges, jeopardizing their rights and safety.” Rothschild added that the policy disregards the lived realities of marginalized people and risks deepening their exclusion.
Safety and Autonomy for Survivors of Gender-Based Violence
A legal name change often represents a crucial step for survivors of gender-based violence seeking to build new lives free from abuse. For Kate Feeney, Director of Litigation at West Coast LEAF, restricting name changes effectively removes a key safety tool. “A speedy and accessible name change process is crucial for survivors escaping ongoing violence when other protections have failed them,” Feeney said. “Everyone deserves safety from gender-based violence—period, including survivors who may have had encounters with the legal system.”
Dylana Thompson from the Society for Advocacy for Gender-Affirming Healthcare emphasized that this amendment places an additional barrier on trans and nonbinary people at a time when trans rights are increasingly under attack. “Legal transition is a critical component of healthcare, recognized by the World Professional Association for Transgender Health (WPATH),” Thompson said. “At a time when trans lives are being dangerously politicized, these exclusionary policies only serve to harm the health and wellbeing of our most marginalized communities.”
A speedy and accessible name change process is crucial for survivors trying to escape violence. Everyone deserves safety—period.
Kate Feeney, director of litigation, West Coast LEAF
A Broken Process and a Call for Change
Critics argue that the legislative process surrounding Bill 26 lacked consultation with the communities it would affect most—a glaring oversight in a supposedly progressive province. “The BC government’s actions send a clear message: marginalized people are not prioritized in policy decisions, even when the impacts on their lives are direct and harmful,” stated Lee Nevens, President of the Canadian Bar Association BC Branch. Nevens pointed to CBA’s Access to Justice for Trans People Report, which called on governments to streamline name change processes, not burden them with new barriers.
The coalition of gender justice groups is calling on the government to repeal the Name Act Amendment and to introduce a name-change process that respects the dignity and rights of all British Columbians, without bias or exclusion. Correct identity documentation, they argue, is essential not just for accessing health services and employment but for affirming one’s right to exist as their true self.
What’s Next for Bill 26?
As public scrutiny mounts and potential legal challenges loom, the BC government faces increasing pressure to reevaluate Bill 26. For those whose lives are impacted, the stakes are real and immediate, their voices echoing a simple but powerful demand: the right to a name, and with it, the right to safety, dignity, and self-determination. #Repeal26
Background: What is ‘deadnaming’?
“Deadnaming” refers to the act of calling a transgender, non-binary, or gender-diverse person by a former name—often the name they were assigned at birth—rather than their chosen, affirmed name. For many, this is more than just a misstep; it’s a reminder of a misaligned identity they’ve worked to move beyond. Deadnaming can carry emotional harm, reinforcing feelings of invalidation and erasure, and in practical terms, it can restrict access to essential services if legal documents don’t match one’s true identity. The Name Act’s restrictions, by making it harder to obtain an updated ID, risk locking many into a perpetual state of deadnaming—a situation advocates argue denies individuals’ dignity and safety.