A Botswana court has ruled that a transman must have identification reflecting his gender identity.  It is the first case of its kind in the African country.
The court ruled that preventing the plaintiff (who is unnamed in the case) from having identification matching his gender identity is a breach of the country's constitution.  
Though homosexuality is not per se illegal, homosexual acts can be punished by up to 7 years in prison, according to NBC News.  

Canada has just announced more changes to the rules governing citizenship, rolling back some of the restrictions imposed by the Conservatives.
The government had implemented some changes in June, including repealing Harper's law which enabled Canada to remove Canadian citizenship from someone who had dual citizenship.  At the same time, the requirement that an applicant for citizenship declare that they were intending to live in Canada was removed, and stateless individuals can be granted Canadian citizenship on a discretionary basis.
The change which come into effect on October 11 make it easier to get citizenship.  One needs to spend only 3 of 5 years in Canada to qualify, down from 4 years out of 6.  
Residency requirements for citizenship has been made more flexible.  Applicants used to have to be physically present in Canada for 183 days in four out of the six years preceding their application. That is no longer the case.
And now permanent residents can count as qualifying time some of the days they spent in Canada before they got permanent residence.  
Canada permits its citizens to hold dual citizenship. Some countries do; some don't.  (The US does).
There is a real advantage in having dual citizenship in these politically perilous times.  

This post won't apply to many of you.

But for those it does apply to, it is a lifesaver.

If your non-Canadian partner is living in Canada but does not have status, you can now apply for them, inside Canada, for permanent residence.
​
And if you have applied for permanent residence, but your status has expired (e.g. because you overstayed a visitor visa) you are not disqualified from getting permanent residence.

In plain English:
It used to be the case that, in order to apply inside Canada, a person had to be "in status" (usually as a visitor) both at the time they submitted the application and at the time the application was processed.  

No longer.
You can apply if you are in Canada and lack status, for example if you
- have overstayed your visa, visitor record, work permit or student permit; or
-you have worked or studied in Canada without a work or study permit; or
- you have entered Canada without a required visa; or
-you entered Canada without a valid passport or travel document

If you entered without a valid passport, you can apply for PR, but you must have a valid passport by the time the PR application is processed.

So, for you couples who have been hiding in the shadows because of fear of Immigration, you no longer have to hide.

NOTE this policy applies ONLY if one partner is a Canadian.  You have to fulfill all the other requirements - ie be married or have lived for a year as common law partners.  

You can get more information from LEGIT, the Lesbian and Gay Immigration Task Force.  They meet monthly; call Qmunity for information.  

Sitting at my office desk this afternoon, wishing one more time that my client had made notes at the time an incident happened - I decided to send you all this grief-saving tip.

No matter what kind of incident you are involved in - a spat with your ex, an issue about completion of a window-washing job, a dog bite incident - MAKE NOTES.  AT THE TIME.  IN DETAIL.

Many months will pass between the time of the incident and a any court issues resulting from it.  If you make notes about an incident AT THE TIME you will be allowed to refer to them to refresh your memory.  This gives you a BIG advantage over the other side, who probably will not have notes.

If you are involved in an ongoing situation (custody, for example; or a large work project) make it a habit to make notes always. Keep a diary.

All I can say is...you (and your lawyer) will be very very glad that you did. 

BC is behind both Manitoba and Alberta in requiring protection for all gender identities.

Manitoba has amended its Public School Act to require diversity policies to include gender diversity:
Student activities and organizations
41(1.8)     A respect for human diversity policy must accommodate pupils who want to establish and lead activities and organizations that
(a) promote
(i) gender equity,
(ii) antiracism,
(iii) the awareness and understanding of, and respect for, people who are disabled by barriers, or
(iv) the awareness and understanding of, and respect for, people of all sexual orientations and gender identities; and
(b) use the name "gay-straight alliance" or any other name that is consistent with the promotion of a positive school environment that is inclusive and accepting of all pupils.

A similar change to Alberta's School Act provides:


Support for student organizations
16.1(1)  If one or more students attending a school operated by a board request a staff member employed by the board for support to establish a voluntary student organization, or to lead an activity intended to promote a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, the principal of the school shall
                               (a)    permit the establishment of the student organization or the holding of the activity at the school, and
                           (b)    designate a staff member to serve as the staff liaison to facilitate the establishment, and the ongoing operation, of the student organization or to assist in organizing the activity.
(2)  For the purposes of subsection (1), an organization or activity includes an organization or activity that promotes equality and non‑discrimination with respect to, without limitation, race, religious belief, colour, gender, gender identity, gender expression, physical disability, mental disability, family status or sexual orientation, including but not limited to organizations such as gay‑straight alliances, diversity clubs, anti-racism clubs and anti‑bullying clubs.
(3)  The students may select a respectful and inclusive name for the organization, including the name “gay-straight alliance” or “queer-straight alliance”, after consulting with the principal.
(4)  The principal shall immediately inform the board and the Minister if no staff member is available to serve as a staff liaison referred to in subsection (1), and if so informed, the Minister shall appoint a responsible adult to work with the requesting students in organizing the activity or to facilitate the establishment, and the ongoing operation, of the student organization at the school. 
(5)  If a staff member indicates to a principal a willingness to act as a staff liaison under subsection (1),
                               (a)    a principal shall not inform a board or the Minister under subsection (4) that no staff member is available to serve as a staff liaison, and
                              (b)    that staff member shall be deemed to be available to serve as the staff liaison.

So proud to be with Jen Sungshine and Spencer Chandra Herbert (remotely!) last evening at a segment of CBC's Pride and Prejudice series.
Everyone knows the Trans March is tonight, right? Starts at Clark Park, 14th and Commercial, 530.  See you there!

Many folks have asked me how to avoid the mandatory M/F labelling that the state does when a baby is born.
The short answer is: it's not easy.
Even though it is well-known that it is impossible to know a child's sex at birth based on visual inspection of the baby's genitals, and impossible to guess at their gender identity when they are born, the government continues to insist that children be assigned either M or F.
When a baby is born, if there is a medical practitioner (doctor, nurse, licensed midwife) who attends the birth, they are legally obliged to report the fact of the birth, and such details as the child's birth weight, place of birth, parent(s)...and their sex.
As the parent, you also have an obligation to file a Registration of Live Birth, which in turn asks you to report the infant's sex.
So, in order to avoid having your child's sex registered, you must convince your medical attendant not to specifiy 'm' or 'f'.  And you must not do so yourself.
BUT - and here is a big BUT - if you do that, the Vital Statistics Agency will NOT give you a birth certificate for the baby.  The Vital Statistics Act says specifically that a birth certificate has to show a child's sex.
Searyl Doty, a child whose birth was registered without a birth certificate, was initially refused, but later granted, medical services.  Their health card was issued with a 'U' for unspecified.   So I think it is likely that you would be able to be enrolled in the medical system. But, for example, you couldn't get a passport without a birth certificate. 
If you would like further information or to discuss the options, feel free to give us a call.  

Kori Doty is the now-famous trans parent whose child Searyl has a health card which (for the first time in the world, we think) has a "U" in the sex field. 
Listen the the fantastic interview Kori did with Piers Morgan in Britain:

The bad old days have passed, in one respect at least.

Immigration, Refugees and Citizenship Canada has removed the "conditional permanent residence". Formerly, if a Canadian permanent resident or citizen sponsored their partner for permanent residence, the sponsored person had to live with their partner for at least two years after becoming a PR.  There were exceptions for folks who had children together.
But if you had a 'conditional PR' and your relationship ended, you could face being sent back to your country of origin. 
There won't be 'conditional PR's' any more.
If you hold a conditional PR, and are concerned about it being enforced, make an appointment to discuss it with us. 

Nominations for the Kimberly Nixon Award for transgender, Two Spirit or gender non conforming people are open till June 9.

Kimberly Nixon is the trans woman who challenged Rape Relief and made legal history by establishing that human rights of trans people are protected on the ground of 'sex' - more than 10 years before gender identity or expression was added to human rights law.

This award was created to honour her work.  It is part of the Stand Out series of awards.

The Kimberly Nixon award will be given to a transgender, Two Spirit or gender non-conforming person who has made significant contributions to advancing transgender rights or creating positive social change for trans, Two Spirit and gender non-conforming people.

There are also awards in the categories of Business Leader, Educator, Friend of the Environment, Youth and Social Activism, for which of course trans, Two Spirit and gender nonconforming folk are also eligible.

You can nominate someone by completing the form here: DEADLINE IS JUNE 9! 

The winner will be announced on June 22.