Passports, Prisons, and Every Space Between

Abstract

In 2016 long-standing activism culminated in the implementation of Bill C-16, which added “gender and gender expression” to the protected classes of the Canadian Human Rights Act. Despite a commitment to consistency across federal policy, wide discrepancies occurred between the changes to the passport and those to the prison. On the one hand, Citizenship Canada announced that “people who do not identify as female (‘F’) or male (‘M’)” could change their passport sex to be an X. On the other hand, the Correctional Service of Canada (CSC) begrudgingly introduced Interim Policy Bulletin 584, which provides accommodation based “on gender identity or expression” within the binary system. Through a comparative analysis, this article queries the enactment of nonbinary recognition between two foundational sites of Canadian federal control: a site of mobility (the passport) and a site of immobility through mass incarceration (the prison). Arguing against expanding prisons or the creation of nonbinary correctional institutions, this article traces the racial geographies that X is both embedded within and enacts, exposing the violence that ushers forth new forms of trans citizenship reliant on anti-Blackness, captivity, and fungibility. Building from these case studies, this article mobilizes the state deployment of gendered expression and determination to nuance theories of gender self-determination. Specifically, this article considers how the theoretical application of the term may dissimulate distinctions in (in)violability, vulnerability, and capacity between and within Blackness and transness.