The Federal Courts Act impairs my ability to take it to the Federal Court of Appeal. But still, there are concerns regarding principles of natural justice with this federal court decision that could allow me to certify a question that could challenge that particular section of the Federal Courts Act.
But yes. I will fight this case to the bitter end.
That debt collection agency thing is a bit of an irritating aside, but since that part keeps getting covered, I'll address it here.
Back in 2020, I was getting increasingly vile and harassing e-mails from someone who purported to be from a debt collection agency. I forwarded that correspondence to the RPD. It was not part of my original claim. However, it would later turn out that this was not from a legitimate debt collection agency but rather, the result of a data breach. It was a scam e-mail.
No, there aren't "49 other states this person can move to". Because all 50 states have the same problems if not worse: a pattern of systematic delegitimization and dehumanization of transgender people. I moved to Colorado because of its track record on transgender rights. It was the best of the 50 options and I still got threatened with a gun.
And "a single person"? Don't make me laugh. That's just the incident that showed me that enough was enough. That's not even the first time I'd been held at gun point. I'd been discriminated against, beaten with a fireplace poker, tortured, and the police didn't do shit. Not just in one state. Not just in two states. Not in three. Not in four. Not in five. Colorado is state # 6 that I had lived in.
Doesn't matter. The Supreme Court of Canada held in Ward that persecutors need not be affiliated with the state. Hell, even state complicity isn't necessary.
Kinda hard to do when he starts attending your new residences with a gun. He tracked me down to two other residences before I fled the country.
her ex-roommate at Colorado State University threatened her with a gun
That statement alone just shows how the court fucked up.
I never went to CSU. My roommate wasn't at CSU. CSU Police Department was simply the PD physically closest to the house. That's why CSU PD called the Fort Collins Police Service to investigate. The Tribunal's Record clearly shows that none of my immigration forms say I went to CSU, nothing in my claim would indicate I was affiliated in any way with CSU, the only thing CSU-related in my file is the witness statement form Fort Collins Police Service had me fill out. And only because they didn't want to go out to their car to get one of their forms. All the other PD forms in the Tribunal's Record, including the trial records, clearly indicate that FCPS was the arresting agency.
Granted, there are many, many more examples of how the court fucked up in making that decision. For example, the claim that the RAD insisted on a standard of perfect protection - an argument that the RAD decision itself rebutted by stating that they were only evaluating it from the standard of operational adequacy. Operationally adequate protection needs to yield actual results, as required by Moran Gudiel.
It's literally not. And nothing I've said to the RPD, RAD, or Federal Court was untrue in any way. In fact, in neither the RPD decision (which isn't available), the RAD decision nor the Federal Court decision was there ever a negative credibility determination.
The police reports in the tribunal's record. But they don't post that part on CanLII. But the RAD did affirm that this was true (para. 51).
Hell, Trinidad is more "full of rig pigs" than Fort Collins.
Hi, I'm the person the story's about.
Fort Collins is a college town in one of the few states that theoretically offer "full protections" for trans Americans. It's not "a conservative town". Might be a bit more conservative than Boulder, as it's the home of Colorado State University (formerly Colorado A&M) but it's not that much more conservative.
Also, I moved to Colorado for a reason, and it's because their laws purportedly protect transgender people fully. Shame that wasn't actually the case.
"leapfrogged"? I'm almost 5 years in, no PR, and still going through the process. Not to mention, my claim is legitimate too.