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.
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.
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