Canada's Immigration Response for Trans Individuals

(disponible uniquement en anglais)

Via email: Minister@cic.gc.ca

The Honourable Lena Metlege Diab, P.C., M.P.
Minister of Immigration, Refugees and Citizenship
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue W
Ottawa, ON K1A 0A6

Dear Minister Diab:

Re: Canada's immigration response for trans individuals

We write on behalf of the Immigration Law Section, Sexual and Gender Diversity Alliance (“SAGDA”), and Equity Subcommittee of the Canadian Bar Association (“CBA Groups”) to recommend that Immigration, Refugees and Citizenship Canada (“IRCC”) create a dedicated and inclusive immigration response that addresses the escalating risks faced by transgender, non-binary, and gender diverse (“trans”) individuals residing or previously residing in the United States ("U.S.") and offers these individuals a viable, rights-affirming pathway to safety in Canada. For ease of reference throughout this letter, we will collectively refer to these individuals using the umbrella term "trans."

The CBA is a national association representing 40,000 members, including lawyers, judges, notaries, academics, and law students, with a 120-year-old mandate to seek improvements in the law and the administration of justice. The CBA Immigration Law Section comprises over 1000 lawyers, practicing in all aspects of immigration, refugee, and citizenship law, and rendering professional advice and representation in the Canadian immigration system to clients in Canada and abroad. The SAGDA Section works to address the needs and concerns of two-spirited, lesbian, gay, bisexual, trans, queer, and intersex ("2SLGBTQI+") people in the CBA. The Equity Subcommittee is dedicated to achieving equity in the legal profession, particularly in relation to sex, gender, sexual orientation, gender identity, race, national or ethnic origin, colour, religion, language, age, and disability.

Context

The Situation in the United States

Trans individuals in the U.S. are facing an unprecedented rollback of rights and protections. Under the current administration, nearly 1,000 anti-trans legislative initiatives have been introduced across 49 states. These include:

• Bans on gender-affirming healthcare
• Restrictions on public participation (e.g., sports, bathrooms, use of specific pronouns)
• Passport revocations and misgendering on official legal documents
• Military service bans and denial of retirement benefits

Human Rights Watch and the American Civil Liberties Union have documented these developments as part of a broader campaign to erase trans identities and weaponize government policy against them. The resulting denial of timely and safe access to life-saving medical and professional care, particularly gender-affirming healthcare, is leaving many trans individuals without essential treatment, heightening the urgency of a Canadian response. These actions have created widespread fear and instability, prompting many trans individuals—both U.S. citizens and third-country nationals residing in the U.S.—to seek safety in Canada.

Canada’s Policy Challenge

Members of the CBA Immigration Law Section report a surge in inquiries from trans individuals in the U.S., citing fears of violence, denial of healthcare, and other forms of persecution. Refugee claims have already been filed and are before the Immigration and Refugee Board (“IRB”). However, Canada’s current immigration framework is ill-equipped to respond to this emerging crisis. Our recommendations are grounded in the urgent need to preserve access to gender-affirming medical and professional care for trans people.

We propose two distinct policy responses, each tailored to address the legal and immigration status concerns impacting affected individuals:

1. U.S. Citizens Seeking Protection

Problem:

While the Safe Third Country Agreement (“STCA”) does not formally apply to U.S. citizens, Canada's refugee system has historically denied claims from Americans due to the presumption of state protection and internal flight alternatives. This presumption is no longer valid given the systemic targeting of trans people across the United States, from the federal government and through the introduction of anti-trans legislation in nearly every state.

Recommendations:

A. Access to Refugee Protection

• IRCC and the IRB must recognize the deteriorating conditions in the U.S. and ensure trans Americans can access the refugee system.
• The IRB should be resourced and trained to handle an expected increase in claims.

B. Temporary Resident Permits (“TRPs”)

• For those unable to access the refugee system, IRCC should operationalize a uniquely coded TRP under s.24 of the Immigration and Refugee Protection Act (“IRPA”).
• TRPs should be issued at ports of entry, valid for one year, renewable, and allow access to permanent residence via expedited Humanitarian and Compassionate (“H&C”) applications.

This model mirrors existing TRPs for victims of family violence and offers a humane, lawful response to time-sensitive threats to the safety and security of trans Americans and would help to ensure ongoing access to crucial gender-affirming medical care.

2. Third-Country Nationals Previously Residing in the U.S.

Problem:

These individuals are barred from making refugee claims in Canada under the STCA, despite facing the same, if not greater, risks as trans Americans. The U.S. asylum system cannot be presumed safe for trans claimants when the U.S. government itself denies their existence.

Recommendations:

A. STCA Exemption or Withdrawal

• Canada should unilaterally withdraw from the STCA or negotiate a targeted exemption for trans individuals.
• Continued enforcement of the STCA risks violating Canada's international human rights obligations and undermining its commitment to refugee protection.

B. Special Immigration Measures (“SIM”) Program

• IRCC should establish a SIM program under section 25.2(1) of IRPA for transgender individuals residing or previously residing in the U.S., regardless of their current U.S. immigration status, particularly in light of the need to ensure ongoing access to crucial gender-affirming medical care.
• The program should include:
  • Inland and overseas eligibility
  • Expedited processing with documentation flexibility
  • Trauma-informed and confidential procedures
  • Inclusion of chosen or de facto family members
  • Coordination with consular officials and civil society organizations

This approach

• aligns with Canada’s responses to crises in Ukraine, Afghanistan, Sudan, and Palestine;
• reflects its obligations as a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol; and
• demonstrates its commitment to equity and inclusion.

Modifying existing pathways would require, among other steps, ensuring that TRPs are accessible to trans individuals and suspending the application of the STCA. A more comprehensive solution could involve developing a SIM program under section 25.2 of the IRPA, which would offer a clear and direct route to safety.

3. Additional Recommendation: Training for IRCC Staff

All IRCC personnel involved in policy design and implementation should complete the CBA’s free online training on gender diversity and inclusion. This up-to-date training was released on March 31, 2025. It was developed to deepen the understanding of gender diversity and inclusion issues. IRCC personnel would find this training useful to develop immigration responses that are trauma-informed, inclusive, and rights-based for the trans community.

Conclusion

The CBA Groups urge the Minister to act swiftly and decisively to protect trans individuals facing escalating risks to their safety in the United States.

Fundamentally, these recommendations reflect the reality that access to gender-affirming medical care and related professional supports is not ancillary. Without swift action, many trans individuals will be cut off from essential life-saving treatments.

We would welcome the opportunity to meet with you and your officials to discuss these recommendations in more detail. The CBA Groups would also be pleased to assist IRCC in developing policy frameworks - including drafting guidance, consulting with lawyers from the trans community, and supporting implementation with legal and procedural expertise. Our members are ready to contribute to a constructive and principled approach to trans-inclusive immigration policy at this critical moment in history.

Thank you for your attention to this urgent matter. We look forward to your response.

Yours truly,

(original letter signed by Noel Corriveau for Jatin Shory, Kyla Lee and David How)

cc. Tammy-Lynn Romain