Latest news with #Luke Reimer
CTV News
2 days ago
- Politics
- CTV News
‘Sign of concern': Lawyers sound alarms after Canada updates its Nexus card gender policy
A NEXUS card and a Canadian passport are pictured in Ottawa on Tuesday, Jan. 17, 2023. THE CANADIAN PRESS/Sean Kilpatrick Immigration lawyers are sounding off alarms over Canada's decision to strong-arm people into choosing either male or female when applying for, or renewing their Nexus travel cards, raising potential constitutional challenges. The decision means non-binary or transgender Canadians crossing the border into the U.S. can no longer choose the X gender marker. This move comes on the heels of U.S. President Donald Trump's executive order, which states that the U.S. government will only recognize the male and female sex, terminating any U.S. passports and identity documents issued with an X gender marker. But according to Luke Reimer, a spokesperson for the Canada Border Services Agency (CBSA), Nexus card holders who had their card issued before the executive order took effect will not be impacted and their membership will remain valid without any change. 'New applicants and existing members renewing their membership are able to apply using a passport with the 'X' gender identifier, however they will be required to select 'male' or 'female' for the purposes of their NEXUS membership,' Reimer said in a statement to Joycna Kang from Battista Migration Law Group, based out of Toronto, calls the move 'cowardly.' 'It's dictating the complete erasure of non-binary identities from a Canadian legal perspective, and it also raises constitutionality concerns,' Kang told on Tuesday. She said the new policy separates and discriminates against a certain group of people, going against Section 15 of the Canadian Charter, which guarantees equal treatment for everyone under the law. 'I think it belies Canada's claims of commitment to equality and dignity for everyone,' Kang said. Despite Canada and the U.S. sharing management of the Nexus program, the U.S. Customs and Border Protection oversees the operations of the application process, the statement from CBSA said. The policy was implemented in February 2025. reached out to the U.S. Customs and Border Protection for a comment, but did not hear back as of the time of publication. 'A sign of concern' Sarah Mikahil from the Toronto-based Smith Immigration Law firm, which specializes in LGBTQ2S+ immigration law, says the policy is 'invasive.' 'The fact that the Canadian government is going forward with this is a sign of concern about what else could happen in the future,' Mikhail told on Tuesday. She points out that non-binary and trans people can still apply for a Canadian passport with a non-binary gender designation. However, it could become a serious problem if the Nexus card contains a different gender designation from the passport and the identity documents are inconsistent at the Canada-U.S. border. 'Unfortunately, it does look like there's a very difficult decision that has to be made (about) whether they want to continue with the Nexus program and choose a gender designation that's binary – male or female, or opt out of the program altogether,' Mikhail said. Furthermore, the CBSA has stated that Canada's recognition of the X gender identifier cannot guarantee entry or transit for Canadians in other countries. According to the statement, each country has a different value and legal system than the one in Canada, and Canadian travellers are subject to following the local laws of the destination country. 'It is important for travellers to be informed about the legal framework and social customs governing sexual orientation, gender identity, gender expression and sex characteristics in the destination country.' Approximately 550 Nexus applications with an X gender identifier have been submitted to the CBSA between January 2022 and March 2025, CBSA confirmed. Both the lawyers are anticipating a wave of fear and concern from non-binary and trans clients about traveling to the U.S. amid these new restrictions. 'It makes you question what other encroachments on our rights our government is going to be willing to concede to when they're faced with pressure from the U.S.,' Kang said. She cautions that going forward, people should be aware of their rights and potentially consult an immigration professional before traveling to the U.S. Meanwhile, no travel advisories to the U.S. have been announced by the Canadian government.
National Post
3 days ago
- Politics
- National Post
Canadians can no longer choose 'X' for gender when applying for Nexus card
OTTAWA — Canadians renewing or applying for Nexus travel cards can no longer choose an X gender marker, following an executive order from U.S. President Donald Trump that said the American government will only recognize male or female. Article content The change took effect in February 2025. Article content Article content New applicants and people renewing their membership can apply using a Canadian passport with the 'X' gender identifier but will have to select 'male' or 'female' for their Nexus membership, said Luke Reimer, spokesperson for the Canada Border Services Agency. Article content Current Nexus cards identifying members by a gender other than 'male' or 'female' will remain valid until they expire, the spokesperson said. Article content Article content Canadians first got the option to pick an 'X' gender marker on their Nexus passes in 2022. Between implementation in 2022 and March 2025, about 550 Nexus applications were submitted with 'X' as the gender identifier. The CBSA spokesperson said that while Canada and the U.S. share management of the Nexus program, the application process is housed on a U.S system operated by U.S. Customs and Border Protection. Article content The spokesperson said that while the Government of Canada recognizes the 'X' gender identifier, it can't guarantee entry or transit through other countries. Article content 'Not all countries have the same values and legal system that we have in Canada,' Reimer said in a statement. 'As a result, it is important for travellers to be informed about the legal framework and social customs governing sexual orientation, gender identity, gender expression and sex characteristics in the destination country.' Article content Article content Reimer said that the CBSA itself recognizes that individuals may self-identify with a gender identity other than male or female. Article content Article content 'What we are seeing right now is a policy that is at odds with our own policy and inconsistent and incompatible with it,' Sarah Mikhail, an associate lawyer at Smith Immigration Law, said, adding that it's too early to tell how Canada's passport policy could be affected. Article content She said trans and non-binary travellers may still face difficulties at the border if their passports don't match the gender selected on their Nexus card. Article content 'I think the border can be a really stressful place and a really sometimes unknown environment for a lot of people. And going in knowing that there's this discrepancy and this is something that could possibly elicit questioning from an officer, and have to be looked at further, I think would be an incredibly, not just stressful experience, but invasive,' she said. Article content The Government of Canada's travel health and safety web page says that people who have a Canadian passport with an 'X' gender marker might face entry restrictions in countries that don't recognize their gender. Article content It says that people may be asked to provide binary sex information when travelling — even if their Canadian passport indicates an 'X' gender marker. Article content
Yahoo
3 days ago
- Politics
- Yahoo
Canadians applying for a Nexus card can no longer choose an 'X' gender marker
OTTAWA — Canadians renewing or applying for Nexus travel cards can no longer choose an X gender marker, following an executive order from U.S. President Donald Trump that said the American government will only recognize male or female. The change took effect in February 2025. New applicants and people renewing their membership can apply using a Canadian passport with the "X" gender identifier but will have to select "male" or "female" for their Nexus membership, said Luke Reimer, spokesperson for the Canada Border Services Agency. Current Nexus cards identifying members by a gender other than "male" or "female" will remain valid until they expire, the spokesperson said. Nexus memberships are valid for five years and are meant to speed up border crossings between Canada and the United States. The CBSA spokesperson said that while Canada and the U.S. share management of the Nexus program, the application process is housed on a U.S system operated by U.S. Customs and Border Protection. The spokesperson said that while the Government of Canada recognizes the "X" gender identifier, it can't guarantee entry or transit through other countries. "Not all countries have the same values and legal system that we have in Canada," Reimer said in a statement. "As a result, it is important for travellers to be informed about the legal framework and social customs governing sexual orientation, gender identity, gender expression and sex characteristics in the destination country." The spokesperson said that the CBSA itself recognizes that individuals may self-identify with a gender identity other than male or female. Canadians first got the option to pick an "X" gender marker on their Nexus passes in 2022. Between implementation in 2022 and March 2025, about 550 Nexus applications were submitted with "X" as the gender identifier. Helen Kennedy, executive director of Egale Canada, said removing the "X" gender marker option from Nexus travel cards is "a step backward for the recognition and inclusion of trans, non-binary, and gender diverse people." "While this policy stems from a U.S. executive order, its impact is felt on both sides of the border — forcing individuals to misidentify themselves in order to travel," Kennedy said. "Canada must uphold its commitment to gender inclusion and human rights by working with U.S. counterparts to find solutions that do not erase the identities of 2SLGBTQI people." Sarah Mikhail, an associate lawyer at Smith Immigration Law, said the change is a "manifestation" of how the Trump administration's policy will affect trans and non-binary individuals outside of the United States. "What we are seeing right now is a policy that is at odds with our own policy and inconsistent and incompatible with it," she said, adding that it's too early to tell how Canada's passport policy could be affected. Mikhail said the restriction is "distressing and troubling" for the trans and non-binary community. She said trans and non-binary travellers may still face difficulties at the border if their passports don't match the gender selected on their Nexus card. "I think the border can be a really stressful place and a really sometimes unknown environment for a lot of people. And going in knowing that there's this discrepancy and this is something that could possibly elicit questioning from an officer, and have to be looked at further, I think would be an incredibly, not just stressful experience, but invasive," she said. This report by The Canadian Press was first published Aug. 6, 2025. Catherine Morrison, The Canadian Press Sign in to access your portfolio
