Tuesday 15 September 2015

Transport Canada Discrimination towards Transgender People and Westjet does not care

Discrimination from Transport Canada (Aeronautics)

Recently, I have learned that for transgender individuals wishing to travel domestic in Canada or internationally via airways, it requires specific identification as stated by Transport Canada's Aeronautic Act.  Below is an extract of the identification requirements for transgender people:

Updated: ID Screening Regulations
In 2011 the Aeronautics Act was updated with new ID screening regulations that particularly affect trans and gender variant airline passengers. These updated regulations read, in part (emphasis added):
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
(athe 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 passenger’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.
While these new regulations could present a barrier to a passengers whose gender marker on government identification does not match their gender expression, presenting a letter from a healthcare professional (a physician or a therapist) explaining the difference may enable the passenger to travel.

 I can only hope that airline entities can be more explicit and information resourceful with regards to requirements for ALL traveling passengers particularly transgender individuals.  To my surprise, WestJet had no information to share and indicated that it was left at the discretion of CATSA if I was even allowed to board the flight in my new assumed identity without identification matching my gender, photo and full name.   Luckily, I was able to find the Aeronautic Act reference below and self educate myself that indeed it was this act that imposes the identity screening regulations and this is legislation is mandated by Transport Canada and enforced by the airlines.  It is simply stunning to realize that WestJet could not provide any insight and they were not even aware of the entity imposed restriction's source.

Even more surprisingly, WestJet cannot even ensure that I will be compensated or even refunded if my traveling privileges had been denied by CATSA which according to WestJet hold the discretion.   After further conversing with CATSA, they indicated that they did not hold this enforcement rule and cared only about my personal content.   Nevertheless, this was quite disturbing to me and felt discriminating and undue hardship not knowing if I could assumed my identity.  According to WestJet, it is left at the discretion of CATSA to decide if I am allowed to board the aircraft and if I am eligible for a refund.  Further investigation reveals that Transport Canada was the entity that imposes the legislation as part of the Aeronautic Act and they have requested for airlines to apply the legislation as they see fit.  If this isn't discrimination, I don't know what is...  Since when did I become a security threat (I traveled all over the world until now)?  Being transgender is a security threat, really?   How so?  Can someone provide a logical explanation for me?

I must admit, I am having a difficult time containing my emotions on this one... 

For more information on Transport Canada Aeronautic Act consult the following reference:

Identity Screening Regulations

Transport Canada give yourself a shake.  Transgender individual are not a security threat...  people carrying weapons are a threat!

Sigh!

No comments:

Post a Comment