3 months ago • 1,661 notesThe shit hit the fan in the trans blogosphere last night, when it came to light that there is a disturbing new section in the Identity Screening Regulations used in airports throughout Canada. Simply put, Transgender People are Completely Banned From Boarding Airplanes in Canada.
The offending section of the regulations reads:
5.2 (1) An air carrier shall not transport a passenger if …
(c) the passenger does not appear to be of the gender indicated on the identification he or she presents;Although this obviously discriminatory smear of regulation did not come to significant public attention until very recently, it apparently came into effect on July 27th, 2011.
It is important to note that these regulations are not actually a piece of legislation, which would have had to pass through readings and votes in the House and Senate (which is probably why it went unnoticed until now). Rather, the Identity Screening Regulations are a set of rules implemented unilaterally by the Ministry of Transportation, as part of Canada’s so-called Passenger Protect, which is essentially the Canadian Federal Government’s equivalent to the U.S.’s “no-fly” list.
Minister of Transportation Denis Lebel is, of course, a federal Conservative MP appointed to the cabinet position by Stephen Harper.
So what does this mean? Well, in order to change the ‘sex’ designation on a Canadian Passport, the federal government requires proof that surgery has taken place, or will take place within one year. So for non-operative transgender persons, for gender nonconforming (genderqueer) persons, and for the vast majority of pre-operative transsexual persons, it is literally impossible to obtain proper travel documentation marked with the sex designation which “matches” the gender identity in which they live.
In the eyes of the honourable Minister of Transportation, that makes trans people unfit to fly in Canada.
It is interesting to note that this regulatory adjustment occurred immediately following the federal election in 2011. In the previous parliament, Bill C-389, a bill to amend the Human Rights Code to explicitly enshrine protections against discrimination for transgender people, had successfully passed in the House of Commons, only to die on the Senate floor when Harper declared a Federal Election (thereby dissolving parliament).
Is the timing of this disturbing and blatantly discriminatory regulatory adjustment merely a coincidence? That is up to you to decide. However, the negative impact on trans people is crystal clear, and we need to take action now.
FUCKING HARPER PASSING SHIT WITHOUT BOTHERING TO TELL ANYONE!!!
What the fuck is this?? You’re supposed to be cool Canada!
Pretty horrible, but it seems like it’s just an unintended consequence of general identity verification?
5.2 (1) An air carrier shall not transport a passenger if
- (a) the passenger presents a piece of photo identification and does not resemble the photograph;
- (b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;
- (c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or
- (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.
I really can’t read this as being directly and obviously discriminatory against transsexuals. It seems more just like it was drafted without fully considering every consequence.
The text also goes on to make an exception to (a) in the case of medical treatment. Changing that to a or c would help, and be fairly simple to do, probably.
I get what you’re trying to say here, but discrimination is discrimination regardless of intent. I would even say that not considering how this would affect trans* people is obvious evidence of prejudice. You don’t have to explain to us that the people responsible were well-intentioned, I think we all know that. A person doesn’t have to be a Klan member to perpetuate harm and bigotry. I don’t know why you feel the need to apologize for unintentional bigots, let them justify themselves.
Not really sure what your point is with the medical treatment. Transgendered people shouldn’t fly unless they’re specifically on their way to start transitioning/in the transitioning process?
Also, did you miss this part?
It is interesting to note that this regulatory adjustment occurred immediately following the federal election in 2011. In the previous parliament, Bill C-389, a bill to amend the Human Rights Code to explicitly enshrine protections against discrimination for transgender people, had successfully passed in the House of Commons, only to die on the Senate floor when Harper declared a Federal Election (thereby dissolving parliament).
It’s not discriminatory against just the trans, it’s taking the leap into a police state.
Progressive Friends
This is a communal account with several writers from across the U.S. and Canada.
January 30, 2012
Transgender People are Completely Banned From Boarding Airplanes in Canada
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The fuck, Canada. I take back everything I said about moving to you.
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What the actual fuck. Sara, I’m coming with you. This is sickening.
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I am no longer a Canadian Citizen in my mind. Fuck this, I’m moving to Alaska.
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What!? We allow same sex marriage but we don’t allow boarding a plane?
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Not cool, Canada
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Not cool Canada, not cool.
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What the actual fuck Canaedia
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