Tuesday, January 31, 2012

Transgender People are Completely Banned From Boarding Airplanes in Canada

by Christin Scarlett Milloy - January 30, 2012

The 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.
What You Can Do:
Facebook Group: À bas l’interdiction aérienne transphobe—Against Canada’s trans flight ban
Recommended Further Reading:
Air Canada confirms they must comply with transphobic law (Jennifer McCreath)
Canadian Department of Justice…Here comes Josie!! (TranssisterR8TO)
UPDATE – JAN 30 17:51
I want to stress that as yet, I have no confirmed cases of a trans person actually being refused boarding. However, as I commented on leftygirl’s blog this afternoon:
Regardless of who may be slipping through the cracks due to matters of convenience or due to individual cases of ignorance on the part of the airport gateminders, the regs are the regs. And the regs ban trans people explicitly by their definition. We cannot allow regs which judge people based on how they “appear” to be gendered; it is unacceptable.

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