Canada: Transgendered may be denied boarding
 

I know this is of little interest to most folks, but to the subcommunity it affects, it could be a significant change in being able to fly commercially.

The current Canadian Identity Screening Regulations have been written so that a person who doesn't a) doesn't resemble the photograph b) does not appear to be the age on the document c) doesn't appear to be the gender indicated on the document shall not be transported.

http://laws.justice.gc.ca/eng/regula.../FullText.html

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.

(2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

(a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact; or

(b) the passengers’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact.


So, if you're a person who has transitioned to the other gender, and can't get the gender marker changed on your documentation, you're not going to fly in Canada. Fortunately the US Department of State makes it fairly easy to change the gender marker on a passport, but not all countries (including Canada) make that possible without surgery.

My wife appears about 20 years younger than her age. How are we supposed to visit Canada?

I guess that means I won't be going back to Canada.

I don't think this would come up as an issue, but someone should absolutely challenge this. The Supreme Court of Canada would not look too kindly on this.

In practicality this is unenforceable ... my child had a passport at 6 months old (including photo), that was valid for 5 years. If the air carrier had to enforce that rule, no child would be able to fly internationally unless their passport had been recently issued. (Photo ID not required for the underaged on domestic flights).

Well Done Loren...Well Done. On a more serious note my brother's drivers license picture is from when he was 18 years old...he is now 33. The resemblance is very limited.

Why are you wasting time on FT? The real question is ****** [redacted]. ;)

In one of my IDs I look awful... in another I look merely stupid. I guess last month's trip to YYZ was my last.

In all seriousness, a reasonable reading of these rules (I sense a contradiction here) says that medical procedures can only explain not resembling one's photograph.

There is no excuse for not looking the age you were when the photo was taken. TIME IS NO EXCUSE.

Which is just stupid. Does Canada think we've all mastered control over time? Many documents used as ID last 10 years. Many others don't expire at all.:rolleyes:

I've been told by a friend in the trans community in Toronto that this is already being heavily discussed in that community. So I suspect such a challenge will likely come sooner rather than later.

Crap. Looks like I'm not going to Canada for a while. I've got slightly less hair on my head and a few extra pounds since my passport picture was taken. And an occasional beard.

Interesting. In the US, TSA has often suggested bringing physician's notes to the checkpoint for various reasons, but those same physician's documents get rejected at the checkpoint because...TSA has no way of determining if they are forgeries or not.

Presumably Canadian physicians have some clever, foolproof way of marking their documents so that CATSA or the airlines will be able to detect forgeries.

I never knew so many FTers had the Passport of Dorian Gray...

Yeah, my wife kept a non-driver's ID for 20 years. The picture still was a good representation of her when they finally sent her a letter saying that her non-expiring ID was going to expire anyway.

Ok to toot my own horn I went in to renew my license and the lady recommending I didn't retake my photo as I look the same. Not bad from 20 yo to 29 yo.

The issue is for those trans* persons who are hoping to pass as one gender without or prior to transitioning. The only way one can change their gender designation is to have gone through the transitionary process, which is quite rigorous to even attain and go through (it takes at least a few years before even obtaining medical approval). It is a slap in the face for those who are just wishing to pass without documentation and being forced to disclose their status as a trans* person. No one should have to question or know anything about the authenticity of one's perceived gender assignment; that is why this is an issue.