Oh Canada! New Regulations Ban Pre-Op Trans People From Air Travel

Posted by Christopher Welch on Jan 31, 2012 in World | 39 comments

Trans rights? What aboot it?

The recently elected conservative government of Canada has taken another step towards degrading the rights of LGBTQ citizens with the recent inclusion of a clause banning trans folks from flying in Canada. The clause is part of the ‘Identity Screening Regulations’ used in airports throughout Canada.

The ‘Identity Screening Regulations’ are the equivalent of the ‘No Fly List’ in America, a document which outlines and names specific individuals and and acts which are considered a threat to commercial air travel.

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;

It is important to note that the Identity Screening Regulations are a set of rules implemented unilaterally by the Ministry of Transportation and not legislation that would have been voted on in the House and Senate. The Minister of Transportation is Denis Lebel, a federal Conservative MP appointed by Stephen Harper.

If you aren’t happy with this discrimination against trans folks by the Canadian government you should shoot an email to Mr. Lebel which you can do here.

(via Chris Milloy)

Anonymous

Coming from a gay guy, this makes total sense. It’s a regulation against people not appearing who they appear to be on ID, not because you’re a different gender. If you get a sex change, change your ID to match. Big deal!

Anonymous

I more or less agree. It’s not about banning trans-folk, it’s about preventing people from flying under a false identity. In this case, we’re talking about people who are living and presenting as a gender, but have not yet gone through the legal proceedings to change the marking on their ID. It ain’t easy.
Here’s a question: okay, I know quite a few pre-ops obtain a legally sound letter (lawyer-speak, notarized, the whole shebang) from a therapist confirming their trans status for purposes such as this, when they are living as, presenting as, a gender other than their birth gender. Does Canada recognize these letters?
Joey Willoughby

only problem is not all transgenders have had a sex change, and in fact some do not wish to have it. what about them?

Anonymous

Then how are they transgender?

http://www.facebook.com/darkdragonweaver Dale Mulkey

wow you really dont know anything do you

Anonymous

Since I apparently dont, explain…
Anonymous

Another option is doing a little 5-minute Google research session before speaking up and pretending you know what you’re talking about.
http://www.facebook.com/profile.php?id=1365172585 James Rodgers Jr

Don’t feed the troll, it’s bad for everyone’s health.
Anonymous

Who is trolling now? I asked someone to explain, not maim?

http://www.facebook.com/sdsheetz Shannon Sheetz

Because they identify as transgender. SRS isn’t a perfect procedure, and especially phalloplasty often does not give the results an FTM might be looking for, so they opt to not get the surgery.

Not to mention that just getting an actual diagnosis and being able to legally obtain an id with the correct gender can be a nightmare in and of itself.

This is a pretty awful change in policy, and something that obviously needs to be addressed. I don’t think it’s purposefully targeting trans people, but affects them because it was created and implemented without regard to any sort of LGBT cultural competency.

C’mon Canada, you’re supposed to look good compared to us backwards folk in the US. Fix this…
http://www.facebook.com/ishkodewaaboo Sabrina Mlinek-Owens

You really are ignorant on how transgender-ism works aren’t you? Please continue to show how ignorant you are… I’m finding it hilarious.

Anonymous

Why dont you explain what you want me to know instead of being a dick? If you read below, I already admitted my ignorance.

Anonymous

because they still identify as the gender they were not born as, that fact alone makes them transgendered. Some people cannot afford to get a sex change, and others choose not to for personal reasons ie the potential loss of sensitivity and wishing to still be able to feel sexual contact in surgical zones. Some people dont see the risk to be worth it. Also this clause affects more then just transgendered people, there are plenty of gay, lesbian, bisexuals, adrogenous, and even straight people who dress like the oposite gender, myself included. Im infact a lesbian, but to the vast majority of the population of this world i would appear to be a man, at first and most of the time even second glance (at least to the untrained eye).

this clause is discrimatory against anyone who genderbends in anyway, not just the LGBT community.

Anonymous

Thank you for explaining. This was educating.
Anonymous

your quiet welcome, if you have any further questions please feel free to ask and i’ll do my best to answer any and all inquirys

http://www.facebook.com/shane.mcgarry Shane McGarry

Except that its not quite that simple. Many trans people live their lives as the gender in which they identify but cannot change their ID because they are pre-op. Changing the gender on your ID isn’t something you can just do with a stroke of a pen. It requires legal documentation showing proof of medical intervention in regards to the alteration of one’s gender.

Anonymous

Then if they have all their documents or whatever they need, then it’ll be exactly as easy as it seems. You present it, pay the fee for a new ID, and get it a week later. It’s not hard at all.

Tait Torkelson

Its expensive. Trans men and women save for years to afford the procedures they need to feel at home in their own skin. It is not fair that in the interim they cannot live successfully as their desired gender simply because they do not have the tens of thousands of dollars to put up in medical costs to be call man or woman.

Anonymous

I see your point.

http://www.facebook.com/profile.php?id=1121105603 Adam Connie

You’re not getting it. That process takes years for a person. You don’t just walk in and say, I’d like a vagina please.. People live as their desired gender before all the surgeries take place.
http://twitter.com/DandyAndrea Andrea Dunne

I agree that the legislation makes sense, but it is a big deal. If you haven’t had medical intervention yet (or don’t plan to), then you can’t change your ID. If you don’t appear to be the gender on your ID, they’re not supposed to let you on the plane (luckily there have been no offending instances so far). It needs to be changed.
Kit Warner

But this is PRE-operation that they’re banning. Which means if a person hasn’t had the op yet, they won’t have the papers to show. All they have is their ID, which states that they are a sex that they do not appear to be.

Anonymous

Point taken, thank you for pointing that out. I should’ve read harder.

http://www.facebook.com/missjanealice Jane Alice Emery

Your ignorant on the facts, it is not that easy for someone who has not had surgery. Not to mention that this law ensures that I will NOT look like my passport photo by asking me to dress male when flying. Your argument is flawed

Anonymous

Uh duh! If you load the rest of the comments you will see I already admitted that. Read before trying to make someone feel bad for being ignorant – which I don’t. I only ask to be educated but you don’t have to be a douche trying to teach someone.
http://www.facebook.com/profile.php?id=1441824062 Jennifer Faust

I don’t see how Jane is being a ‘douche’. I didn’t even know about the ‘load more comments’ thing. Chillax, guy. We ought not to be hating on each other.

http://profile.yahoo.com/FYHZD7P4MFOV54D54DJGIWWXWU Anonymous

…then why do they specifically mention gender? If that were the case, it would simply target people who don’t look like their picture….which is already the case, so the point of this is what if not targeted bigotry? I smell BS.

Anonymous

You may be on to something.

Emily

There are also people who just don’t look their gender. i.e. someone could go “Hey, long hair, can’t grow a beard, I’m not so sure about the face … that’s no dude, he can’t come here.” You don’t even have to be trans to fit into this law.

Anonymous

After the replies to my first post, I’m still wondering why people are calling this a LGBT discrimination issue. If I worked at an airport, and someone who looked completely like a man said on his ID he was a woman, I would look twice. All the info in our computers shows this person as a woman and resembles this person standing in front of me, but isn’t her… don’t you think that’s funky? That this person could be a terrorist or Identity thief?

If I was in such a situation, I’d be a catching a train and a bus anyway cuz it’s cheaper.
http://www.facebook.com/profile.php?id=100002958038903 Stephanie Victoria Toupin

I’m a pre-op transwoman. Why can’t I get on a plane wearing a dress and makeup? What are they going to do if a masculine-looking genetic female tries to board a plane wearing baggy sweats, tennis shoes, no makeup and short hair? ”Sorry, hon, you’re gonna have to go and get yourself all dolled up before you can get on the plane. I can’t tell if you’ve got a vagina the way to look right now”? Really…
http://www.facebook.com/profile.php?id=100002958038903 Stephanie Victoria Toupin

Transsexuality does not imply that a person also feels the need for reassignment surgery. For example, with MTF (male-to-female) transsexuals, there are some who, once they have undergone some hormone replacement therapy and have been living as a woman, are comfortable with that level of experience and life; they are accepted as women and so satisfy their neuropsychological drive. Others need reassignment. Others still might not even need hormone replacements. And some may feel comfortable at one stage and decide that, after some time, they need to move one to another stage of transition. One cannot make a blanket assumption about what it means to be transsexual any more than one can about what it means to be non-heterosexual.
http://twitter.com/XxPanda_ReineXx Justice Graff

This is messed up! Transgender people should be able to fly! They are people just like us, but they just dress like the other sex. It’s who they are and we can’t keep them away from being able to fly. Honestly, I love transgender people because they’re not afraid to show there true self.
http://www.facebook.com/Rhayemun.Black Rhayemun Black

Can’t you get around this by just taking a new picture for your ID? So if your ID says Male and your picture looks exactly how you looknow… and you are female in appearance, then how can they say that it isn’t you…?
http://www.illustrocity.blogspot.com Rockets

Newly elected?? How old is this information? The Conservative party was re-elected in May 2011. That’s over 8 months ago – umm… what else is a little off in this article UB? You need to match you’re passport – it’s so IF you DIE they can identify you’re body… and so that people can’t impersonate their brother/sister/cousin to enter/exit countries… I highly doubt the US would allow someone who’s passport says “Max” and has a photo of a man with a beard and yet shows up as “Maxine” on a plane… Maxine needs to take the proper steps to have documentation explaining her appearance and why there would be a discrepancy in the information ON her passport and HER PERSON.

Use some common sense UB.

I’m not disputing that the world isn’t fair – it isn’t. I’m sorry that there are Trans people who live in places where they are not allowed to change their documentation – but realize that it’s THE U.S. that has required a lot of the regulations to come into place due to mistrust and fear… The world is a sad place for Trans people. Period.
http://www.facebook.com/people/Erica-Cook/100000628613592 Erica Cook

Okay, some one research this, (No offense UB) and if its fully confirmed I’ll start a petition.
http://www.facebook.com/profile.php?id=509006973 Christopher Tollefson

Who the hell decides what look makes someone male or female? When I wearing pretty clothes they’re not girl’s clothes they’re mine.(I identify as a man just to clarify lol)
Emily

What are they gonna do? Force a damn strip-search? I know plenty of chicks who are masculine looking. I’ve shaved my head and worn a binder, I wear men’s clothes … and I’m not trans.

This isn’t just a pre-op trans person issue, this could cause ANYONE to be discriminated against. A female with short hair and perceived masculine looks, or a male who has gynaecomastia (basically large breasts if you’re unfamiliar with the term – think Bob from Fight Club) and has a feminine face.
People don’t just wear clothes that are specifically for their gender, and when I travel, I dress for comfort, not to please the douchebags that have to pat my sexy ass down. I’m pierced, huge legs on the pants, D-rings on the pants, I always get wanded. But I don’t care. Of course, I’m (usually anyway, I think) obviously female.
It’s still bullshit. And here I used to like Canada. lol
http://www.facebook.com/kori.biggs Kori Biggs

It makes sense, in terms of air safety, that people should not be disguised, as that is a much higher likelihood that something shady is happening. However, transpeople are not “disguising”, it’s sort of the opposite… and they should be able to assert the gender with which they identify, legally. I know there are more layers to the legality of it all, but inter-gender relations are sticky to begin with, even when taken in the traditional view that women have certain parts and men have certain parts. My question is, what about someone who is simply homosexual or even straight and androgynous in appearance? It’s all so complicated.

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