Court decision has been handed down regarding inmates human rights case. (Contributed)

BC Corrections told to reconsider transfer of transgender inmate to male prison

Moved out of Maple Ridge woman’s prison after incident

A B.C. Supreme Court justice has rejected a bid by a transgender inmate to be returned from a male prison back to the Alouette Correctional Centre for Women in Maple Ridge.

But the court has ruled that BC Corrections should at least give the decision a second look.

Haedyn Patterson has been in prison since 2014, awaiting extradition to the U.S., and was transferred out of Alouette on Aug. 14 following a “violent incident,” according to a ruling issued Dec. 10 from New Westminster Supreme Court.

Patterson initially had been jailed in Surrey Pretrial Services Centre, but, in September 2018, was transferred to Alouette Correctional Centre for Women, after she told B.C. Corrections she identified as female.

Both Alouette correctional centre and Surrey Pretrial have the capacity to house transgender inmates.

After being moved back to Surrey Pretrial in August, Patterson sought to have the transfer reconsidered and also asked to be transferred to Okanagan Correctional Centre, which houses both men and women.

Justice J. Iyer found some justification in the inmate’s complaints, noting that BC Corrections didn’t provide a written explanation for its decision to transfer Patterson to Surrey – until almost two months after the move.

That, in turn, prevented Patterson from later properly applying for reconsideration of that decision, according to the judgment.

The judge said it was procedurally unfair for Patterson not to receive the written reasons for her transfer until two months after the move.

“Procedural fairness required that Ms. Patterson be provided with written reasons for the transfer decision promptly, or if not, with an explanation for any delay,” the judge wrote.

“‘As soon as practicable’ does not mean whenever correctional authorities choose,” said the judge.

The judge noted that the delay affected Patterson’s ability to make a case for “reconsideration” of her transfer.

Patterson, on Sept. 25, formally requested reconsideration of the decision to send her to Surrey, writing that she was concerned about being sexually harassed or sexually assaulted in the male institution.

She also addressed the conduct that led to the transfer, “acknowledging her responsibility for it and committing to change her behaviour,” said the judgment.

However, the judge points out that BC Corrections decided against reconsideration of the transfer without getting a copy of Patterson’s Oct. 12 submission, in which she disputes BC Corrections’ claim that she was not taking transgender medication.

She had filed the Oct. 12 submission only after finally receiving the reasons for her move.

READ MORE: Transgender inmate at Maple Ridge women’s prison files discrimination complaint

Patterson said she only paused that medication on the advice of a specialist and that she had resumed taking it and invited BC Corrections to check with her doctor.

“The compound effect of these errors is that the reconsideration decision was procedurally unfair,” the judge wrote.

She concluded that while the decision to move Patterson to Surrey was reasonable, it was part of the actual decision-making process that wasn’t fair.

READ MORE: Alouette women’s prison adds capacity

She told BC Corrections to again reconsider the transfer.

BC Corrections said in a statement Monday that it is reviewing the ruling.

“No decision about an appeal or other courses of action have been made at this time.”



pmelnychuk@mapleridgenews.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Mohawks propose temporary Indigenous police for Wet’suwet’en territory

The RCMP has already committed to ending patrols along a critical roadway

Talks with Wet’suwet’en hereditary chiefs enter second day

Federal and provincial ministers ready to extend discussions

Wet’suwet’en herreditary chiefs meet with provincial, federal ministers

Neither party speaking on the groundwork laid for tomorrow’s talks

Coastal GasLink agrees to two-day pause of pipeline construction in Morice River area

Work will stop once Wet’suwet’en hereditary chiefs begin talks with province and feds

RCMP cease patrols on Morice West Service Road

Withdrawal opens door for talks today between hereditary chiefs, province and federal gov

Two law enforcement trucks ‘deliberately’ set on fire in northern B.C., RCMP say

Police say they have video evidence of a person in the area of the truck fires

B.C. mother, daughter return home after coronavirus quarantine in Asia

Jensine Morabito and her daughter were on Holland America’s Westerdam but did not catch the virus

Leap Year means we get an extra day in February, so how are you spending it?

People online have a number of suggestions and plans on how they will be spending Saturday

Greta sticker that drew outrage in Alberta not child pornography: RCMP

X-Site Energy Services has denied having anything to do with the stickers

Bald eagle hit by train in northern B.C. has a chance of survival

The raptor has been taken to OWL in the Lower Mainland for recovery

Cheslatta Carrier Nation and Rio Tinto sign a historic agreement

Co-operation crucial to stem dropping Nechako Reservoir level

Hundreds of B.C. firefighters ‘climb the wall’ for BC Lung Association

The charity fundraiser saw participants climbing up 48 storeys

Stories of sexual assault at B.C. tree planting camps ‘shocking but not surprising:’ advocate

Contractors’ association is working with trainers to create respectful culture

Most Read