Audrey Chedor of Quebec has successfully fought the requirement of Citizenship and Immigration Canada with respect to changing gender markers on citizenship documents.

CIC was supposed to do two things:  give Audrey an amended Certificate of Canadian Citizenship without proof of sex reassignment surgery; and change its policy to remove the requirement for all applications to have sex reassignment surgery before they can change their Canadian Citizenship certificate.

The terms of the settlement agreement are now public, and are set out below, because Chedor had to go to Court when CIC failed to amend its policies as required.

In an October 31, 2016 decision of the Federal Court, the Judge said, "Individuals have a reasonable expectation that personal information concerning their private life and medical situation will not be disclosed or publicized without their consent.  It goes on without saying that "retention of information about oneself is extremely important" and that "[the] protection of privacy is a fundamental value in modern, democratic states" (quoting another case).  When should an individual be compelled to disclose to the authorities personal information, and as the case may be, provide proof of undergone sex reassignment surgery, in order to obtain an official governmental document?"

The judge went on to agree to register the settlement, so that Chodor can take active steps to hold the government in contempt for its failure to changes its policies.

So, currently, you need to have
- a legal order from a Canadian provincial/territorial vital statistics organization indicating a change of sex designation;  OR
-  a court order OR
- an amended birth certificate indicating a change of sex designation; OR
- proof of full or partial sex reassignment surgery

Though the settlement agreement (below) requires CIC to change their policy to remove the requirement of sex reassignment surgery, that is still included as an 'alternative' way to demonstrate your gender. 

The case can be found here.
​The current policy about citizenship documents are here. 
​An application to change your citizenship document is here; and the guide to that application is here.

Ms Chador's   settlement which  as follows:

1.  The Respondent (CIC) will issue the Complainant a revised Certificate of Canadian citizenship, reflecting the Complainant's sex as female within 14 calendar days of signing this agreement.
2.    The Respondent will revise their departmental policies to remove the current requirement that applicants seeking a change of sex designation or their citizenship certificate provide evidence that they have undergone sex reassignment surgery in addition to providing provincial and territorial documentation reflecting a change of sex or gender.  This revision will take place within one calendar year of the signing of this agreement.  Application forms for a citizenship certificate for adults and minors (proof of citizenship), along with the corresponding guides to applicants, will be updated to reflect the new requirements under this policy.
3.  Within 2 working days of signature of this agreement, the Complainant and the Respondent will provide a copy of this agreement to the Canadian Human Rights Commission for approval of the terms of this settlement.
4.  The Complainant will file a notice of discontinuance of her complaint upon the Tribunal within five (5) days of the approval of the Transaction by the Canadian Human Rights Commission.
the Complainant will not seek any damages form the Respondent as it pertains to this specific case.
6.  The terms of this Transaction are confidential an, subject to all provision of laws requiring public disclosure of such information, will not be shared by the Parties to anybody unless they be formally authorized by both Parties or by the the Privacy Act.
7.  The present Transaction constitute a transaction under section  2631 of the Civil code of Quebec  where the Parties have freely consented without any promise, representation or intimidation of any kind and is made for the sole purpose of reaching a settlement, without any admission of the parties.

New rules for gender at borders! 
As every trans flier, and every cis flyer who doesn't 'look like' the gender expectations of transportation authorities knows, there has been a 'gender check' by airlines.
A new settlement of a Canadian Human Rights Complaint may make it easier for trans fliers..
The CHRC website describes the new rules:
Settlement reached for transgender air traveller - a self declaration letter is a solution for this passengerA settlement has been approved by the Canadian Human Rights Commission (the Commission) between a complainant who identities as transgender (the Complainant) and Transport Canada.
The case dealt with the challenge faced by some airline passengers when producing identification documents at the boarding gate for verification by air carriers. The former Identity Screening Regulations*, on which the complaint was based, required airlines to compare passenger identity documents against the passenger standing in front of them. If the appearance of the passenger is different from certain identifiers on the identity document (i.e. gender), airline staff could ask clarifying questions to confirm identity. This conversation could present challenges, including privacy concerns, for some passengers.
The Complainant in the case suggested the use of a self-declaration letter which would explain why a passenger’s appearance may differ from the photo on the identity document. While not obligatory, a self-declaration letter could be discreetly presented to airline staff at the boarding gate, facilitating private and respectful communication. The Complainant and Transport Canada worked together with the Commission to develop wording for such a letter.
With the permission of all parties, a template of the letter is being released here. It may be useful to some members of the travelling public. Transport Canada also communicated to airlines that self-declaration letters may be used by passengers to assist them in communicating with airline staff on identity questions such as gender that may arise during the boarding process. While this particular letter was part of the settlement of this case and passengers are not obligated to present self-declaration letters for travel, it could be a useful alternative for communicating with airline staff. The template released here is not officially endorsed by Transport Canada and, if used, should be typewritten.
When confirming identity, the Canadian Human Rights Commission strongly encourages policies that do not rely on gender as an identifier, and that are gender inclusive, to prevent discrimination based on gender identity or gender expression.
*The Identity Screening Regulations have since been replaced by the Secure Air Travel Regulationsthat are under the authority of the Minister of Public Safety. However the air carrier requirements to verify and compare passengers’ identity have not changed and Transport Canada continues to oversee and enforce the Secure Air Travel Regulations.
Settlement reached for transgender air traveller - a self declaration letter is a solution for this passengerA settlement has been approved by the Canadian Human Rights Commission (the Commission) between a complainant who identities as transgender (the Complainant) and Transport Canada.
The case dealt with the challenge faced by some airline passengers when producing identification documents at the boarding gate for verification by air carriers. The former Identity Screening Regulations*, on which the complaint was based, required airlines to compare passenger identity documents against the passenger standing in front of them. If the appearance of the passenger is different from certain identifiers on the identity document (i.e. gender), airline staff could ask clarifying questions to confirm identity. This conversation could present challenges, including privacy concerns, for some passengers.
The Complainant in the case suggested the use of a self-declaration letter which would explain why a passenger’s appearance may differ from the photo on the identity document. While not obligatory, a self-declaration letter could be discreetly presented to airline staff at the boarding gate, facilitating private and respectful communication. The Complainant and Transport Canada worked together with the Commission to develop wording for such a letter.
With the permission of all parties, a template of the letter is being released here. It may be useful to some members of the travelling public. Transport Canada also communicated to airlines that self-declaration letters may be used by passengers to assist them in communicating with airline staff on identity questions such as gender that may arise during the boarding process. While this particular letter was part of the settlement of this case and passengers are not obligated to present self-declaration letters for travel, it could be a useful alternative for communicating with airline staff. The template released here is not officially endorsed by Transport Canada and, if used, should be typewritten.
When confirming identity, the Canadian Human Rights Commission strongly encourages policies that do not rely on gender as an identifier, and that are gender inclusive, to prevent discrimination based on gender identity or gender expression.
*The Identity Screening Regulations have since been replaced by the Secure Air Travel Regulationsthat are under the authority of the Minister of Public Safety. However the air carrier requirements to verify and compare passengers’ identity have not changed and Transport Canada continues to oversee and enforce the Secure Air Travel Regulations.
The template letter referred to in this bulletin is available here.  It is in word form so you can amend it and print it.  All of the information in this post is contained at the bottom of the template letter. 

Join the discussion about elder abuse in Queer communities.  This event will be interpreted by ASL interpreters.

Last month the BC Court of Appeal said that the Law Society of BC had made a procedural and substantive mistake in saying that it would not accredit graduates of a TWU law school.  This month, the Law Society has agreed to appeal that decision to the Supreme Court of Canada.
You will recall that the dispute over accrediting graduates of TWU centres on TWU's insistence that all of its faculty, staff, and students sign a pledge not to have sex outside of HETEROSEXUAL marriage.  For any queer faculty or staff- no sex forever.  For students, no sex while at university.
This is a patently discriminatory requirement.  TWU justifies it on the basis that it is part of their religious belief.
The Law Society of BC (LSBC) originally voted in favour of accrediting TWU's law school graduates to practice law.  The profession rose up en masse and voted at the largest-in-history public meeting by more than 70% to overturn that decision. Not satisfied that the will of the profession was clear, the LSBC then held a paper referendum, agreeing to be bound the the results. Once again the legal profession voted overwhelmingly to uphold the rights of queers to be free from discrimination. Then LSBC reversed its accreditation decision.
Predictably, TWU took LSBC to court, as they have done in other provinces where law societies have turned them down.  Most notably, in Ontario the Court of Appeal came to the opposite decision from the BC Court of Appeal.
This means that the Supreme Court of Canada is likely to hear the appeal from BC and Ontario together (The SCC hears only some of the cases it is requested to hear, and centres on cases of public interest).
We will keep you posted. This will be the most important case in the country to draw the line between freedom of religion and freedom of expression.  
​

If you live alone, or if you live with a partner (common law or spouse) but run your finances separately, what would happen to your bills if you are in a coma, or if you develop dementia?
Someone needs to pay the rent or the mortgage.
But that someone can't access your bank account because it is a separate account.
The answer is to appoint someone - your spouse or someone else - to hold a "power of attorney" for you. That document will give you the person you appoint the power to do whatever you could do by your signature.
Think of it like insurance.  Something you hope never to need...but are really up the creek if you don't have it when you need it.
Read this explanation.

Passing this along...
​MAKE YOUR VOICE HEARD! We are collecting data until November 30 at midnight for inclusion in our British Columbia report on client experiences with gender-affirming surgeries. If you live in BC and you want to share your experience with us, fill out the survey as soon as possible!
Subject: Survey of Trans Canadians' Experiences with Gender-Affirming Surgery –Invitation to Participate
My name is Hélène Frohard-Dourlent and I am a Post-doctoral Fellow with the Stigma and Resilience Among Vulnerable Youth Centre, a research center at the University of British Columbia’s School of Nursing.
            We are a team of health researchers from the University of British Columbia working in partnership with the Trans Care BC program at the Provincial Health Services Authority to improve the delivery of services to trans people who are interested in accessing gender-affirming surgeries. It is a priority for us to make sure that the voices of trans people are heard in the process so we are conducting an anonymous online survey. The results of this survey will be directly used to improve existing systems of care. The Principal Investigator is Dr. Elizabeth Saewyc, who can be contacted at Elizabeth.saewyc@ubc.ca.
 The survey may take up to an hour (60 minutes) to complete. Questions ask about experiences with gender-affirming readiness assessment as well as surgeries, if relevant. This includes some questions about experience of waiting for assessment(s) or surgery(ies), interactions with health care providers, and the resources and supports available. Participants can choose not to answer any question, or stop the survey at any time.
The survey can be taken at: https://survey.ubc.ca/s/trans-surgery-experiences/.
If you have any questions please do not hesitate the Stigma and Resilience Among Vulnerable Youth office at 604 822 7498, or email saravyc@nursing.ubc.ca

​

​The rights of gay and lesbian people to an education without discrimination took a blow this week..
 
The British Columbia Court of Appeal ruled on Tuesday that the Law Society of British Columbia made mistakes in deciding to reverse the accreditation of Trinity Western University’s proposed law school, because the Law Society failed to balance competing Charter Rights.
  
Trinity Western University is a religious university which requires its students, faculty and staff to sign a covenant refraining from sex except in a heterosexual marriage. The Court of Appeal found that it was indisputable that the vast majority of LGBTQ law students could not sign the covenant.  
  
The Law Society had initially approved accreditation of TWU. After an outcry from the profession at the largest meeting of lawyers in BC history and a ballot vote, both of which overwhelmingly disapproved of TWU’s accreditation, the Benchers (governors) of the Law Society reversed their accreditation decision.  
 
The Court of Appeal said that the Benchers’ decision was legally flawed because the Benchers failed to conduct their own analysis of Charter values before deciding to reverse the TWU accreditation.
 
In ruling in favour of TWU, the Court said that the Law Society should have concluded that the religious rights of TWU and its community were impaired more than the rights of prospective queer students, staff and faculty to be free from  discrimination .
 
As the Ontario Court of Appeal has upheld the Law Society decision to refuse approval for the proposed TWU law school in that province, it is likely that the Supreme Court of Canada will eventually consider this case.