Monday, May 7, 2012

On disguises and lawful excuses

Bill C-309–the Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act–has passed second reading and is now heading to the Standing Committee on Justice and Human Rights. Bill C-309 will make "wearing a mask or other disguise to conceal [a person's] identity without lawful excuse" a criminal offence should such a mask or disguise happen to be worn during a riot.

Authorities have been known to accuse trans people of wearing a disguise or be suspicious based on apparent gender non-conformity (p. 53), sometimes for the purposes of engaging in prostitution. At least one elected official has suggested that Canadians who fail to have matching identification are a security threat to air travel.

The Preventing Persons from Concealing Their Identity during Riots and Unlawful Assemblies Act is sponsored by MP Blake Richards, who has previously claimed that granting explicit federal protection for gender identity and gender expression should not be allowed on the grounds that "gender identity is subjective ... ." Bill C-309 also appears to include subjective terminology: it does not define what counts as an "other disguise" nor does it explain what constitutes a "lawful excuse" for such a disguise.