The Yukon government will have until next spring to change its policies on issuing driver’s licences to transgender Yukoners.

“Upon the settlement of a recent human rights complaint, the Government of Yukon has committed to changing the Motor Vehicles Act before April 30, 2016,” NDP justice critic Lois Moorcroft said during Tuesday’s question period in the legislature.

The human rights complaint was filed by Shaun LaDue.

He filed it after encountering push-back from the motor vehicles branch when he tried to get his driver’s licence swapped from British Columbia to the Yukon.

A transgender man with a birth certificate that did not reflect his chosen gender, he was given a licence stating he is female.

In accordance to the Motor Vehicles Act, in order to change the gender on a driver’s licence, the birth certificate must be updated – to change the gender on a birth certificate, it requires people to have had their “anatomical sex structure change” and confirm it with two medical practitioners.

The required surgeries in the Vital Statistics Act apply specifically to “bottom” surgery, said Pat Living, a spokesperson for the Department of Health and Social Services.

LaDue has had “top” surgery, but even though the government covers the costs of “bottom” surgery, it can be a long and painful process, he said.

As a result of this incident in September, the motor vehicles branch indicated that its policies would be given a second glance – including a look at protocols in other jurisdictions, for comparison.

And as of last Thursday, the complaint LaDue filed with the Yukon Human Rights Commission settled on a mandatory policy change.

“After a review of the Motor Vehicles Act, the Department of Justice determined that a trans person could be issued a new driver’s licence without providing two medical certificates proving gender reassignment surgery, which is something required by the Vital Statistics Act,” Moorcroft said.

As Moorcroft phrased it in her question to Justice Minister Brad Cathers, there is a “discrepancy” between the two pieces of legislation – the new rules for the Motor Vehicles Act do not follow the rules under the Vital Statistics Act.

“This is an evolving area of human rights law across the country. The Yukon is looking at what other jurisdictions are doing and will consider whether changes are needed for policies, regulations or law,” Cathers said.

The minister maintains that if people encounter issues while a broader review is underway, they can take their concerns to the department – and as in the case of LaDue, the department may be able to resolve the problem.

“To the best of my understanding, contrary to the member’s understanding – my understanding is that it needs only a change to the policy to allow this change to occur, but, again, we will continue to review this.”

“I think that (the government) agreed with me,” Ladue said in an interview Tuesday.

“I just want a policy in place where people who are transgender can get their driver’s licences to reflect their gender and not their biological sex.”

In regards to the co-operation from the motor vehicles branch, LaDue admits it’s “everything” to him.

“You hope that it’ll be like knocking down one block and it’ll all come tumbling down,” he said.

The Yukon NDP has continued to rally for LaDue and other transgender Yukoners in the legislature.

“Shaun is an effective advocate who is working with an all-genders Yukon group for legislative and social change to accommodate the rights of trans people,” Moorcroft said.

Last spring, an NDP motion to amend the Yukon Human Rights Act was passed – but with a change that indicated that the amendments would only be made the next time the act is reviewed.

As written in the motion, the legislation would include “gender identity” and “gender expression” as prohibited grounds for discrimination.

There is no specific date set by the cabinet to review the act before the end of the Yukon Party’s mandate in 2016, or beyond.

For now, LaDue is soaking up the small victory.

In a post to Facebook on Tuesday, LaDue wrote, “This is one change, there will be more in the future... stay tuned!”