Transgender and transsexual people prohibited from flying in Canada
  • Petitioned Hon. Denis Lebel

This petition was delivered to:

Minister of Transport
Hon. Denis Lebel

Transgender and transsexual people prohibited from flying in Canada

    1. Guy A
    2. Petition by

      Guy A

      Montreal, Canada

Montréal, January 30, 2012

 

Hon. Denis Lebel

Minister of Transport

Transport Canada

330 Sparks Street

Ottawa, Ontario

K1A 0N5

denis.lebel@parl.gc.ca

 

RE: Transgender and transsexual people prohibited from flying in Canada

 

Dear Minister Lebel,

 

The Conseil québécois des gais et lesbiennes (CQGL) must inform you that youand your government adopted last summer a new regulation on identity checks inair travel that violates the rights of a significant number of transgender andtranssexual people to travel freely in Canada, under article 6 on freedom ofmovement in the Canadian Charter of Rights and Freedoms.

 

Adopted on July 29, 2011,regulation SOR/2011-156 entitled Regulations Amending the Designated Provisions Regulations and the Identity Screening Regulations, a regulationunder the Aeronautics Act, violates the right of numerous transgenderand transsexual people to travel in the country, through article 5.2 (1), which reads as follows: “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.”

 

Please be aware that numerous transgender and transsexual people do not have identification that corresponds to their gender identity, because it is impossible in Canada to change one’s legal sex without undergoing surgery. All provinces require sex reassignment surgery in order to change legal sex, and this surgery is often inaccessible for multiple reasons, including financial, medical, personal, and other reasons.

 

The Conseil québécois des gais et lesbiennes believes that no person should bediscriminated against on the basis of their sex, gender identity, or gender expression. Furthermore, on the legal front, a paper by legal scholars Jean-Sébastien Sauvé and Marie-France Bureau has demonstrated that the notion of legal sex is highly arbitrary and archaic.1

 

Given that most Conservatives opposed Bill C-389, An Act to amend the CanadianHuman Rights Act and the Criminal Code (gender identity and gender expression), which died on the order paper when the last election was called, you will understand why we are concerned about the attitude your government seems to be taking toward transgender and transsexual citizens.

 

We are all the more concerned because the adoption of this discriminatory regulation against transgender and transsexual people requires airline companies to treat them as if they were suspected terrorists.

 

However,we trust that you will be sensitive to this issue and immediately change the regulation, removing this provision that infringes on the rights and freedoms of thousands of transgender and transsexual Canadians, and demonstrating that they are full citizens with equal protection under law.

 

Verytruly yours,

 

SteveFoster

Chief Executive Officer

Conseil québécois des gais et lesbiennes

514-759-6844

president@cqgl.ca

www.cqgl.ca

 

CC :

 

Rt.Hon. Stephen Harper, Prime Minister

Ms.Nycole Turmel, Leader of the Opposition

Mr.Bob Rae, leader of the Liberal Party of Canada

Mr.Daniel Paillé, leader of the Bloc Québécois

Ms.Élisabeth May, leader of the Green Party of Canada

 

(1) Sauvé, Jean-Sébastien, and Marie-France Bureau, 2011. “Changement de la mention du sexe et état civil au Québec Critique d'une approche législative archaïque.” Revue de droit de l’Université de Sherbrooke, vol. 41, no. 1.

 

 

 

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    Reasons for signing

    • Alexandras Terrick TABER, CANADA
      • over 2 years ago

      I think it is wrong to discriminate against people who are more comfortable in being another sex. People should have the freedom to be who they want to be without having to be enclosed in a cage.

      REPORT THIS COMMENT:
    • Nancy Dollard UNIONTOWN, OH
      • over 2 years ago

      Je crois q'en les doits des humains, des gais et lesbiennes. Je soutien leur doits.

      Support Transgenders!

      REPORT THIS COMMENT:
    • MARTIN MACOR SAN FRANCISCO, CA
      • over 2 years ago

      I am a female-to-male transsexual, and I was fortunate enough to have been able to change the gender marker on all of my identity documents. However, I am shocked and appalled at the idea that Canada would not allow me to fly there if my gender presentation had been different from the gender on my passport. It should really come as no surprise to you that there are innumerable countries where it is not even possible to change one's gender marker after surgery, such as Thailand and the Phillippines. Also, there are countries, such as Italy, where transgender people must wait several years for a court of law to issue a permit to obtain surgery. These are just a few of the reasons why SOR/2011-156 is biased and unfair.

      REPORT THIS COMMENT:
    • Tahnia Izabella-jade WAGGA WAGGA, VI
      • over 2 years ago

      Shame on you cannada, thailand and other asian countries EMPLOY transgender staff on planes, discraseful!

      REPORT THIS COMMENT:
    • Ethan Ball CALGARY, CANADA
      • over 2 years ago

      No one shouldn't be made to act different then who they actually are just to board an airplane.

      REPORT THIS COMMENT:

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