A British resident set to be deported because of serious criminality gets to stay in Canada for a little longer because the judge wondered if using gender-neutral pronouns in a government document violated his rights. .“One of my questions is this: is gender identification a protected right under the Charter of Rights and Freedoms,” said Federal Court of Canada Justice Richard Bell at a hearing covered by the National Post. .“If one reads the social science literature on this whole issue of gender identity, some authors go so far as to call this, this misnaming of identity, as being a violence committed towards somebody, which is quite shocking to me, but that’s what some of the social scientists say.” .British resident Colin James Ewen — a male who uses he/him/his pronouns —was at the Federal Court in June attempting a last-ditch effort to have his expulsion delayed after years of legal battles. .Ewen’s wish was granted by Bell, but for a reason Canadian government lawyer Nathan Joyal and he did not expect, and that appears to be raising eyebrows among lawyers and the Federal Court of Appeal. .He was first ordered to be expelled from Canada by the Immigration and Refugee Board (IRB) in 2019 because he had been convicted of assault causing bodily harm while living in the United Kingdom..The IRB determined his conviction reached the threshold of serious criminality in Canada, making him ineligible to stay. .He was arrested for assault by the Ontario Provincial Police in 2022. .Bell warned Joyal and him that he wanted to bring up an issue which “will come as a bit of a surprise.” This issue had not been raised by the Canadian government or him. .When Bell went through a document filed the previous day, he said the government used they/them/theirs pronouns with he/him/his pronouns. .Joyal responded by saying he did not believe there was a violation of Ewen’s rights, as “it is a gender neutral term, the use of it would thereby not violate the applicant’s gender identification in the circumstances.”.“I don’t believe that this is a live issue in this matter, respectfully,” he said. .Bell turned to Ewen to ask him how he felt about the occasional use of they/them/theirs in the document. He complained it was a little confusing to read and indirect. .The situation changed when he asked if it had affected his dignity, with him saying yes. .That is when Bell announced he would adjourn the hearing and request Ewen and the government provide their arguments as to if they believed the use of gender-neutral pronouns had violated his Charter rights..He stayed his deportation scheduled for the next day, allowing him to stay in Canada until the new Charter question was resolved..Government lawyers appealed the order soon after his deportation was suspended and asked the Federal Court of Appeal to set it aside or declare the new constitutional issue he raised to be irrelevant. .They argue the Federal Court exceeded its jurisdiction by raising a new Charter issue not arising from and unrelated to the matters which were under review and has no factual foundation in the case..The fact he missed his scheduled flight out of Canada means the government will likely have to restart the removal process, creating further delays to his expulsion. .“Any subsequent attempt to remove [Ewen] will require a new removal process and a new date for removal, which would be subject to a fresh application for judicial review and stay motion, should [Ewen] so decide,” they said. .The Federal Court of Appeal agreed to expedite the case in a ruling which appeared to question Bell, scheduling it to be heard in mid-September. .“The Federal Court has taken an immigration matter that, in the public interest requires a prompt hearing and determination, and has transformed it into a Section 15 Charter matter unrelated to any immigration issues whatsoever,” said Federal Court of Appeal Justice David Stratas..Canada Border Services Agency (CBSA) officials targeted a 219% increase in deportations this year in January. .READ MORE: Canada Border Services Agency aims for 219% increase in deportations.The CBSA claimed the past rates were not good enough. .“In regard to overall removals, the agency experienced year-over-year increases from fiscal year 2017 to 2021,” it said.
