New regulations bar some trans Canadians from travel
FOR IMMEDIATE RELEASE -- Tuesday, January 31, 2012 -- EDMONTON
NEW REGULATIONS BAR SOME TRANS CANADIANS FROM AIR TRAVEL
The Trans Equality Society of Alberta (TESA) is deeply concerned that amended wording added to the Aeronautics Act in 2011 could potentially expose some transgender and transsexual Canadians to undue scrutiny and hardship in airports or even prevent them from being able to travel by air.
Every citizen of Canada has the right to enter, remain in and leave Canada, as per Section 6 (1) of the Charter of Rights and Freedoms.[1] The regulatory changes made to the Aeronautics Act on July 29, 2011 pose a serious limitation to some citizens' right to travel. Section 5.2 (1) of the revised Act reads:[2]
An air carrier shall not transport a passenger if
1. (a) the passenger presents a piece of photo identification and does not resemble the photograph;
2. (b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;
3. (c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or
4. (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.
Most Canadian provinces require evidence of genital reconstruction surgery before allowing the change of gender markers on foundational documents. Standards of care call for a minimum of one year living as one's identified gender before the required procedure can occur (two years in some provinces, including Ontario). This is further complicated by the fact that some provinces have removed coverage for this surgery from their health coverage, so some individuals can be trapped indefinitely with incongruent gender markers on their identification.
Section 5.2 (2) does seem to provide a medical exemption for some medically-tracked transsexuals, although the way it's worded seems to make it apply only to a discrepancy between the photograph and appearance -- discrepancies involving the gender marker on documentation are not specifically addressed. This exemption, however, is provisional on providing documents certifying them as transitioning toward surgery. As not all transsexual men and women undergo a medical process and others may not be aware of the requirement or be able to afford medical fees for such a letter, there will inevitably be people who will be unfairly denied passage. Some people are unwilling or medically unable to undergo a major medical procedure, or distrust health care professionals.
Additionally, transgender and cisgender (non-trans) Canadians who dress or otherwise present in a way that doesn't meet gender stereotypes or expectations can be singled out. Physically intersexed people who also have medical conditions but don't always have ongoing consultations with medical professionals as a consequence could also be targeted by the regulation.
As it stands, the legislation stipulates that an airline is in violation of federal law if it allows someone deemed to not meet the subjective criteria in 5.2(1)(a) and 5.2(1)(c) to board a plane. This puts the onus on airline staff to interpret the regulation liberally.
"Gender-based profiling is based on an entirely speculative presumption about who might be a potential terrorist, rather than any real incidents," said Mercedes Allen, who sits on TESA's Board of Directors, "and requires a subjective value judgment which is not otherwise clarified. While we are not aware of anyone who has been affected by these unnecessary and undefined changes as of yet, regulations are not always implemented immediately, and the wording does seem to make a denial of travel inevitable."
TESA urges the Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities and Transport Canada to reconsider these passages in a way that is not prohibitive on the basis of gender identity or gender expression. TESA would be willing to discuss the matter further with Minister Lebel and assist however we can in devising a solution.
TESA was formed in 2009 in response to several issues that transsexual and transgender Albertans face.
REFERENCES
[1] http://laws.justice.gc.ca/eng/charter/page-1.html#l_I:s_6
[2] SOR/2011-156, Regulations Amending the Designated Provisions Regulations and the Identity Screening Regulations, P.C. 2011-830 http://www.gazette.gc.ca/rp-pr/p2/2011/2011-08-17/html/sor-dors156-eng.html
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NEW REGULATIONS BAR SOME TRANS CANADIANS FROM AIR TRAVEL
The Trans Equality Society of Alberta (TESA) is deeply concerned that amended wording added to the Aeronautics Act in 2011 could potentially expose some transgender and transsexual Canadians to undue scrutiny and hardship in airports or even prevent them from being able to travel by air.
Every citizen of Canada has the right to enter, remain in and leave Canada, as per Section 6 (1) of the Charter of Rights and Freedoms.[1] The regulatory changes made to the Aeronautics Act on July 29, 2011 pose a serious limitation to some citizens' right to travel. Section 5.2 (1) of the revised Act reads:[2]
An air carrier shall not transport a passenger if
1. (a) the passenger presents a piece of photo identification and does not resemble the photograph;
2. (b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;
3. (c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or
4. (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.
Most Canadian provinces require evidence of genital reconstruction surgery before allowing the change of gender markers on foundational documents. Standards of care call for a minimum of one year living as one's identified gender before the required procedure can occur (two years in some provinces, including Ontario). This is further complicated by the fact that some provinces have removed coverage for this surgery from their health coverage, so some individuals can be trapped indefinitely with incongruent gender markers on their identification.
Section 5.2 (2) does seem to provide a medical exemption for some medically-tracked transsexuals, although the way it's worded seems to make it apply only to a discrepancy between the photograph and appearance -- discrepancies involving the gender marker on documentation are not specifically addressed. This exemption, however, is provisional on providing documents certifying them as transitioning toward surgery. As not all transsexual men and women undergo a medical process and others may not be aware of the requirement or be able to afford medical fees for such a letter, there will inevitably be people who will be unfairly denied passage. Some people are unwilling or medically unable to undergo a major medical procedure, or distrust health care professionals.
Additionally, transgender and cisgender (non-trans) Canadians who dress or otherwise present in a way that doesn't meet gender stereotypes or expectations can be singled out. Physically intersexed people who also have medical conditions but don't always have ongoing consultations with medical professionals as a consequence could also be targeted by the regulation.
As it stands, the legislation stipulates that an airline is in violation of federal law if it allows someone deemed to not meet the subjective criteria in 5.2(1)(a) and 5.2(1)(c) to board a plane. This puts the onus on airline staff to interpret the regulation liberally.
"Gender-based profiling is based on an entirely speculative presumption about who might be a potential terrorist, rather than any real incidents," said Mercedes Allen, who sits on TESA's Board of Directors, "and requires a subjective value judgment which is not otherwise clarified. While we are not aware of anyone who has been affected by these unnecessary and undefined changes as of yet, regulations are not always implemented immediately, and the wording does seem to make a denial of travel inevitable."
TESA urges the Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities and Transport Canada to reconsider these passages in a way that is not prohibitive on the basis of gender identity or gender expression. TESA would be willing to discuss the matter further with Minister Lebel and assist however we can in devising a solution.
TESA was formed in 2009 in response to several issues that transsexual and transgender Albertans face.
REFERENCES
[1] http://laws.justice.gc.ca/eng/charter/page-1.html#l_I:s_6
[2] SOR/2011-156, Regulations Amending the Designated Provisions Regulations and the Identity Screening Regulations, P.C. 2011-830 http://www.gazette.gc.ca/rp-pr/p2/2011/2011-08-17/html/sor-dors156-eng.html
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