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I'm just taking a stab in the dark here, but I suspect your 'condition' will require ongoing medical surveillance, prophylaxis and possible surgery. If we won't accept a person because of a simple case of asthma or an allergy, why would we accept the burden of a case like yours? Now that things are out in the open a bit more, perhaps you could give a full synopsis so people have all the facts on which to base a discussion. I don't think it's fair for you to cast dispersions on our system, when the members haven't got the information to properly rebut.

Perhaps if you can provide the clinical requirements for your future medical care, physical, pharmacological and psychological, maybe we can understand things better and would be able to provide better answers and repore. Otherwise, it is likely to be seen, as has already happened, as self entitled whining from your side of the discussion.
 
mellian said:
I got a response from the RMO in Ottawa.

Since this particular individual Major MD (as I am not blaming the CF for this) will not budge
I hate this.

Sorry for the extreme edit of quote.
But I see and hear similar opinions expressed everyday. If the RMO ( or RPSO for that matter) won't give in to a particular applicant's particular demand, I then must listen to said applicant explain how it is the systems's fault and that while standards are fine for others, they should not apply in said applicants case because they are special.....

Perhaps it is not a conspiracy to ignore what an applicant considers to be an open and shut solution to their own particular case: mayhap it is just that member of the CF doing his or her job IAW regulations. One should not implicate an idividual who is doing their job IAW regs.
In the recruiting system, we are held to current rules and regs.  And it is equally true, as Herr Loachman indicated, that rules and regs change over time. Perhaps in time the regs will change in Melian's favour...perhaps not.

But I expect  that the RMO major is doing his or her job......not waging a personal vendetta......  Recceguy's comments are quite valid as well.




 
"Remember that not getting what you want is sometimes a wonderful stroke of luck."
                                                                              ~ Dalai Lama
 
mellian said:
At present, I no different from an intersex, as "I am not in the midst of changing gender" as I already have many years ago. As I mentioned, I provided letters from doctors as requested stating it is not a mental limitation, and that has been ignored despite Medical requesting them. I am part of a roller derby league and teams full of women whom I share change rooms, bathrooms. and showers with, it has never been an issue. Legal sex states which I use. I am female, legally and living, one gender. There is no in betweens.

I have one question as you answers can be read multiple ways:

You are "legally" recognized as a woman and live as a woman after having been born male. BUT, have you undergone GRS already or do you plan on doing so in the future? Your answer above is ambigious - as it leaves room for "just" legally changed. In either case, the CF is not obligated (and actually makes a habit of by regulation) to enrol anyone into the CF who is awaiting surgery - it has nothing to do with sexuality.

If awaiting GRS: They require that medical issues (including any surgeries) are sorted out prior to enrolment; in that case you are not being treated 'differently' (thus have no leg to stand on with the omsbudsman) than any other applicant to the CF hoping to 'potentially' become a recruit. Your condition itself may not be considered "medical" in and of itself --- but the GRS certainly is.

If you do not plan on undergoing GRS, the "legal" issue itself raises issues with both personal and operational security. Members of the CF are required to deploy on international operations, at any time, anywhere in the world - often with zero notice. When we deploy internationally, we are required to comply with Canada's laws, our military laws, AND the laws of whichever country we are deploying into. A sad fact of life, unfortunately, is that there are more nations in the world who are a whole lot less 'accomodating' or 'advanced' socially if you will than Canada.

What happens when you are arrested at their border because your non-girlie goods don't match what your legal documentation states? This creates an issue of both personal security and safety for you and, by default as your 'potential employer', onto the CF. Many nations will not be 'nice' with their inquisitions of you in that circumstance as the fact of the matter is that although your gender is legally recognized in Canada as that of a female, it is not so in the vast majority of those hellholes into which we deploy who's law we are also subjected to. In many of those places it is quite illegal (and severley punished) to "live as the gender you are not physically" and I'd imagine it'd be especially more so given that you'd hold legal paperwork (passport etc) that also didn't match up with the physical package being presented.

On that front, I can see the legitimate concerns that not having, or ever intending to have, GRS places on both your capability to deploy on international ops in a universal manner (which has already been determined to be a 'military necessity' which was upheld during a Charter Challenge, thus allowing the CF to release personnel who do not "meet" that universality of service requirement) and the additional admin tasks placed upon the CF in dealing with any deployment to a foreign-theatre you may be subject to.
 
Legally someone said your a Woman simply because deep down to write that on a piece of parchment means SFA.

Get "legally" arrested tonight and see into which 'system' you fall............I've already seen a few whom it would be me searching the lower half and a female guard would search the upper half.

My new partner at work did 24 years of A&D at the female section of a Toronto jail..........she also confirms this.

 
I have to agree with both Recceguy and ArmyVern on this one.  They just answered quicker than I could blast through 12 pages of posts!

Someone with braces can't join until they are removed or can't deploy until the same.  Someone who has been diagnosed as cancer-free after just finishing treatment can't be considered for application into the CF until a certain period of time has passed (5 years I think?).  If you are going through any type of hormone therapy that probably puts you out of the running as you essentially must be monitored more frequently than once every 6 months.

And it's not just a health issue but geographical as well, such as Vern pointed out.

Does this whole thing suck?  Sure, especially as you've been working so long to get in.  Does this mean it will always be this way?  Who knows.  I don't trust my magic eight ball for things as big as this.  If your efforts are making the CF take a closer look at cases such as your and considering changing things to suit, then your efforts won't be in vain.  Just remember that the wheels of the CF are slow to turn and you might never get a chance to reap the benefits.
 
recceguy said:
I'm just taking a stab in the dark here, but I suspect your 'condition' will require ongoing medical surveillance, prophylaxis and possible surgery.

And your stab misses. My 'condition' is one is not going to ever change because there is no cure. SRS is not a cure, it is a treatment, optional one at that. All trans members presently active in the CF, their condition does not change just because they got SRS.

It is also not the only treatment, as there is also hormones, actually living life as your actual gender and all that entails to do so, other surgeries like breast removal, breasts augmentation, orchiectomy, Hysterectomy, and then legal aspects like employment and legally changing one's sex.

Each province have different requirements for legally changing one's sex that has nothing to do with medical. I fulfilled the requirements of my home province and so I got my sex legally changed. Federal government leaves it up to each province to handle that, and recognizes my legal change. So passport, driver's license, health card, insurance, SIN, medical files, employments, etc all say female with no issues or problems legally.

I fulfilled the requirements of "transitioning" as I am living my gender without any issues, hence no need of ongoing medical surveillence. Legal requirements have also been fulfilled. SRS at this point for me is optional, not requirement or needed for my ongoing mental health and gender, and not something I am presently in the process or scheduled to get.  All the paperwork as been provided to medical...and still ignored and full SRS still required with no valid reason provided.

Steel Badger said:
Perhaps it is not a conspiracy to ignore what an applicant considers to be an open and shut solution to their own particular case: mayhap it is just that member of the CF doing his or her job IAW regulations. One should not implicate an idividual who is doing their job IAW regs.

As mentioned multiple times in this thread, there is nothing the medical standard and no present policy/regulation for my condition which was confirmed by various including a letter from DOD to an inquiry I made last october. The individual is using individual initiative, not rules, in his decision, no matter what their intentions was, and then failed to provide their reasoning as to how exactly genitalia or lack off is considered a limitation as per defined in the medical standard.


In the recruiting system, we are held to current rules and regs.  And it is equally true, as Herr Loachman indicated, that rules and regs change over time. Perhaps in time the regs will change in Melian's favour...perhaps not.

Yes, but there is no current regs on my 'condition', hence a decision is made without it at the individual level which results in unfair treament.

ArmyVern said:
BUT, have you undergone GRS already or do you plan on doing so in the future?

Only a partial one to fulfill requirements of legal change, and presently not planning full SRS as I do not need it to maintain my gender and health.

to enrol anyone into the CF who is awaiting surgery - it has nothing to do with sexuality.

I am not awaiting surgery, and that has been made clear to the Major MD.


If you do not plan on undergoing GRS, the "legal" issue itself raises issues with both personal and operational security.

That is not the Major MD's job to determine that, especially unilaterally.

Members of the CF are required to deploy on international operations, at any time, anywhere in the world - often with zero notice. When we deploy internationally, we are required to comply with Canada's laws, our military laws, AND the laws of whichever country we are deploying into. A sad fact of life, unfortunately, is that there are more nations in the world who are a whole lot less 'accomodating' or 'advanced' socially if you will than Canada.

I am female, live as female, and my legal identification is female. I pretty fulfill every countries legal requirements in that regard.

What happens when you are arrested at their border because your non-girlie goods don't match what your legal documentation states? This creates an issue of both personal security and safety for you and, by default as your 'potential employer', onto the CF. Many nations will not be 'nice' with their inquisitions of you in that circumstance as the fact of the matter is that although your gender is legally recognized in Canada as that of a female, it is not so in the vast majority of those hellholes into which we deploy who's law we are also subjected to. In many of those places it is quite illegal (and severley punished) to "live as the gender you are not physically" and I'd imagine it'd be especially more so given that you'd hold legal paperwork (passport etc) that also didn't match up with the physical package being presented.

If they do not recognize legal identifications, and I am arrested, chances are I am screwed no matter what. There are countries who can arrest women for not covering themselves up in clothe, for wearing pants, for not being the right ethinicity, for not following a particular religion, etc. What does the CF do in those cases?

While I understand what you are saying here, it is a slippery slope and what ifs with no evidence. Again, also not something part of Major MD's job to determine that or medical in general.

On that front, I can see the legitimate concerns that not having, or ever intending to have, GRS places on both your capability to deploy on international ops in a universal manner (which has already been determined to be a 'military necessity' which was upheld during a Charter Challenge, thus allowing the CF to release personnel who do not "meet" that universality of service requirement) and the additional admin tasks placed upon the CF in dealing with any deployment to a foreign-theatre you may be subject to.

That is not a medical decision, and also, what does the CF do for intersex individuals? At present, I am not different from an intersex women with ambiguous genitalia.

Also, talking the charter. I am legally female and proven to live as female for many years, and getting denied because I am not "female enough" is goes against discrimination base on Sex. If the individual Major MD cannot prove how not having a particular set of genitalia is a medical limitation, or how it goes against "universality of service requirement", that is where it will end up if the CF backs him on that individual decision.


Whatever the case, there is no present clear cut regulation or policy on this (as confirmed by letter from DOD), hence still room to appeal.



 
I guess that answers my question.

Good luck with the next couple years partially putting your life on hold fighting for acceptance by a bureaucracy that says you don't fit. Believe it or not, there wasn't sarcasm in that sentence.
 
Well, I wish you the best of luck mellian in your en devour.. maybe the CF will rewrite part of their recruitment section on your behalf if you do make it in :)
 
I want you to be aware that I am supporting you in whatever way you need to get where you're going. BUT... you said something in your last lengthy note that really has be concerned.

You mentioned that you meet pretty much every countries definition of woman.

I will wholeheartedly declare here, that you are NOT.  Our current "ally" (I use the term loosely) of Iran does NOT consider you a woman. In fact, if you EVER at any point in the future got "captured", you would in fact, likely face a worse fate than any other canadian soldier would. You are so fortunate to live in a country where you can live the way you are, with as much tolerance as society will allow. (And, that changes... 70 years ago, you wouldn't have the same experience you do right now... and fifty years from now, it'll be different even than now).

But, most of the countries we are being deployed to now in a combat situation, are Muslim. Your situation is frowned deeply within that culture, I assure you. Heck, just a few years ago women were (and still are) hiding their faces. Do you think they would "accept" you over there if you got captured, as a woman? If you have anything that indicates you are a gender that is stated? These are places that still believe in sewing up vaginas in young girls with no medical assistance.

Please be aware that this could always be a possibility.

http://www.youtube.com/watch?v=Mu_tiFZjNQY&feature=related  (DEFINITELY a worth-see, this video)
http://ilga.org/ilga/en/article/mhWGbSg1Ng
http://www.irqr.net/  (PGLO)

This was something that we read/watched in our History of Persecution class with the one Gender class I took. Don't forget -- PLEASE -- that your job will take you outside of Canada's cozy borders.
 
Armychick, I also was curious about that statement. How can you say that "in just about every country" when just a few lines earlier you said even our own Federal Govt. leaves it up to the provinces?


EDIT: Rather than post after Mr. O'Leary's lock I decided to put Vern's answer to Mellian's post as it does have meaningful and pertinent information in it.

------------------------------------------------------------------------------------------------------------------
From ArmyVern,



Someone locked the thread ...

But I just spent 30 minutes doing up this reply to Mellian ... trying to explain to her ... Arggghhhhhh!!

Quote from: mellian on Today at 13:59:11

    ...

    I fulfilled the requirements of "transitioning" as I am living my gender without any issues, hence no need of ongoing medical surveillence. Legal requirements have also been fulfilled. SRS at this point for me is optional, not requirement or needed for my ongoing mental health and gender, and not something I am presently in the process or scheduled to get.  All the paperwork as been provided to medical...and still ignored and full SRS still required with no valid reason provided.




I am of the belief that it has not been "ignored", but has been "considered" in the larger context given your latter comments/answers in this reply of yours.

Quote

    As mentioned multiple times in this thread, there is nothing the medical standard and no present policy/regulation for my condition which was confirmed by various including a letter from DOD to an inquiry I made last october. The individual is using individual initiative, not rules, in his decision, no matter what their intentions was, and then failed to provide their reasoning as to how exactly genitalia or lack off is considered a limitation as per defined in the medical standard.

    Yes, but there is no current regs on my 'condition', hence a decision is made without it at the individual level which results in unfair treament.




The CF has "rules and regulations", in writing, regarding applicants;

1) That one will not be enrolled if one is undergoing medical/dental process' or is expected to. I understand with the answers that you give further in this current reply of yours, that this is not applicable to your situation as you have no planned, upcoming, continuing or underway medical procedures.

2) That all potential applicants must meet 'Universality of Service' requirements; this necessity, as I've already stated has already been determined via a Charter Challenge which upheld it as a "bonified service requirement". Now, this "bonified service requirement" may not specificly mention a case such as yours, but it does uphold that each potential member of the CF must be able to deploy anywhere in the world with zero notice at time of recruitment. This is where I believe that you fall. The CF can not deploy you anywhere in the world as CF regulations and Canadian law also deem that "we" must also comply within host nation law while deployed. That means, that the CF can not deploy you to a zone where you "being normal" is in contravention of host nation law.

Quote

    Only a partial one to fulfill requirements of legal change, and presently not planning full SRS as I do not need it to maintain my gender and health.

    I am not awaiting surgery, and that has been made clear to the Major MD.





I understand that. But, a partial change to comply with legal change status in Canada does not make it "legal" in another nation where living as the opposite of what your physical parts are is illegal. It is a matter of Universality of Service. The CF can not/would not ever deploy you to a nation where your "living as a woman with female documentation but male parts" is illegal. If they can not deploy you "everywhere" at a moments notice, then you do not meet those bonified service requirements.

Quote

    That is not the Major MD's job to determine that, especially unilaterally.



I believe the Major is considering your situation with regards to Universality of Service as I have outlined above. UofS requirements are clearly laid out in writing in medical and other regulations. The UofS requirements do not specificly lay our every conceiveable medical condition in the world, but they do clearly lay out that one MUST be able to deploy anywhere at any time (and we must comply with host nation law while there) as a bonified (and charter tested) service requirement; you can not deploy to every country at any time and comply with their host nation laws given that your 'normal' way of living and recognizing yourself here in Canada is illegal in some of those places.

The major may have signed your letter ... but I will be you a pole dance his decision was far from "unilateral" and based on nothing. I believe that it was based upon your not meeting UofS requirements given that the CF would be unable to deploy you "everywhere" ... just "some" places.

Quote

    I am female, live as female, and my legal identification is female. I pretty fulfill every countries legal requirements in that regard.




Here in Canada, but not everywhere you may potentially be required to deploy. Again, not meeting bonified UofS requirements.

Quote

    If they do not recognize legal identifications, and I am arrested, chances are I am screwed no matter what. There are countries who can arrest women for not covering themselves up in clothe, for wearing pants, for not being the right ethinicity, for not following a particular religion, etc. What does the CF do in those cases?




The CF would NEVER deploy you to a nation where living as one gender while physically being another is illegal; they would never place you in the situation where you'd be subject to arrest in the first place. Thus, because they could not/would not deploy you into a nation where your "normal here in Canada" would be illegal - you do not meet UofS requirements required to be met for recruitment purposes.

When I am in a host nation which requires that I cover up ... I do. We also have jewish members who did not enter Syria while deployed on UNDOF ... because it would have been illegal for them to do so. It was also illegal for us to take anything Hebrew with us when crossing the border ... so we didn't. And, if we did - we were dealt with discipline-wise. "Their" normal becomes "our" normal while in "their" nation.

Quote

    While I understand what you are saying here, it is a slippery slope and what ifs with no evidence. Again, also not something part of Major MD's job to determine that or medical in general.

    That is not a medical decision, and also, what does the CF do for intersex individuals? At present, I am not different from an intersex women with ambiguous genitalia.




Determining whether or not a potential recruit (or serving member) meets Universality of Service requirements is certainly well within the jurisdiction of the medical world amongst others. They also have the ability to recommend for release serving members who "no longer" meet UofS requirements. "No Longer" being the operative words here. Serving members are already serving. They met those bonified UofS requirements when enrolled (you don't). If the situation changes so that they "no longer" meet UofS, they are placed on a TCat (which prevents their deployment on International Ops) until the situation can be rectified, either medically or administratively. If the situation can not be rectified, they are bumped up to a PCat and will eventually be released from the Cf for "not meeting UofS requirements". In your case, you don't meet them now ... and until all the nations living in the present as if it were 4 centuries ago change their laws to make "living as a different sex than my physical bits indicate" legal ... you won't meet that UofS requirement.

Quote

    Also, talking the charter. I am legally female and proven to live as female for many years, and getting denied because I am not "female enough" is goes against discrimination base on Sex. If the individual Major MD cannot prove how not having a particular set of genitalia is a medical limitation, or how it goes against "universality of service requirement", that is where it will end up if the CF backs him on that individual decision.





Stop harping on the Major. He signed the letter. it wasn't simply a "personal" decision OR an individual decision on his part.

Speaking of the Charter, no one has denied you because you weren't "female enough". If they did, please scan the letter that you received and upload it. I'd love to see it.

Rather, it is UofS. The CF doesn't have to back him up at all. UofS has already been determined and found to be a "Bonified Service Requirement" by the Charter Challenge that found that CF members MUST be able to deploy anywhere in the world at any time. You can't do that (ie you do NOT meet UofS) because what is legal here is NOT legal in many areas where we deploy. And, if you can't deploy there - you do NOT meet UofS.

Quote

    Whatever the case, there is no present clear cut regulation or policy on this (as confirmed by letter from DOD), hence still room to appeal.




There is clear-cut regulations on upcoming medical/dental process'.

And, there is clear-cut regulations (upheld by Charter Challenge) regarding UofS: they state that ALL potential recruits must be able to deploy anywhere in the world at a moments notice. You can not as further service requirments also dictate that we MUST comply with host nation law while there.

I fear that until those nations change their laws, you are not/will not be "universally deployable" and thus do not meet the current requirements of the service for recruiting pur
 
armychick2009 said:
I want you to be aware that I am supporting you in whatever way you need to get where you're going. BUT... you said something in your last lengthy note that really has be concerned.

You mentioned that you meet pretty much every countries definition of woman.

I will wholeheartedly declare here, that you are NOT.  Our current "ally" (I use the term loosely) of Iran does NOT consider you a woman. In fact, if you EVER at any point in the future got "captured", you would in fact, likely face a worse fate than any other canadian soldier would. You are so fortunate to live in a country where you can live the way you are, with as much tolerance as society will allow. (And, that changes... 70 years ago, you wouldn't have the same experience you do right now... and fifty years from now, it'll be different even than now).

But, most of the countries we are being deployed to now in a combat situation, are Muslim. Your situation is frowned deeply within that culture, I assure you. Heck, just a few years ago women were (and still are) hiding their faces. Do you think they would "accept" you over there if you got captured, as a woman? If you have anything that indicates you are a gender that is stated? These are places that still believe in sewing up vaginas in young girls with no medical assistance.

Please be aware that this could always be a possibility.

http://www.youtube.com/watch?v=Mu_tiFZjNQY&feature=related  (DEFINITELY a worth-see, this video)
http://ilga.org/ilga/en/article/mhWGbSg1Ng
http://www.irqr.net/  (PGLO)

This was something that we read/watched in our History of Persecution class with the one Gender class I took. Don't forget -- PLEASE -- that your job will take you outside of Canada's cozy borders.


I know I said I'd stay out of this, and I promise to after this.  You don't need to look as far afield as Iran to find problems, give this a look, right next door.

http://www.maketheroad.org/article.php?ID=31

I'm out now.
 
Ok folks.  This one has gone around the track enough with no advancement of rational debate towards a common viewpoint. 

Mellian, you are not going to find resolution to your compliant against the CF here.  If you feel you have a valid case there are official courses of action available to you. 

To all: please do not try and revisit this issue in another thread.

Milnet.ca Staff
 
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