A transgender inmate who lodged a human rights complaint against Surrey Pretrial, alleging discrimination based on gender identity, gender expression and sex will have a hearing before the British Columbia Human Rights Tribunal.

Tribunal member Amber Prince on March 3 dismissed the pretrialB次元官网网址檚 application to have Makayla SandveB次元官网网址檚 complaint dismissed.

B次元官网网址淚 am not offering an opinion on the likelihood of Ms. Sandve successfully proving her case at a hearing,B次元官网网址� Prince said in her . B次元官网网址淎ll I am saying at this stage is that a hearing is warranted.B次元官网网址�

Sandve was incarcerated at Surrey Pretrial, predominantly occupied by men, from Oct. 24, 2017 to Jan. 22, 2018 and, while separated from the other inmates, requested to be transferred to a womenB次元官网网址檚 jail but was denied. Sandve alleges being frisked by male staff, being B次元官网网址渕isgenderedB次元官网网址� by them, being the brunt of derogatory remarks and not being provided with green institutional clothing worn by women but rather the red clothing worn by men.

Corrections denied discrimination and applied to have the complaint dismissed on grounds it had no reasonable prospect of success, but Prince disagreed.

B次元官网网址淚n this decision, it is not my role to decide whether BC Corrections discriminated against Ms. Sandve or not, and I make no findings of fact in that regard. My task in this decision is to decide whether Ms. SandveB次元官网网址檚 complaint against BC Corrections has no reasonable prospect of succeeding at a hearing,B次元官网网址� Prince said.

Prince noted in her reasons that Sandve B次元官网网址渟ays she requested section status because she did not feel safe in a jail full of men. While separately confined, she says male inmates slipped offensive and derogatory notes and drawings under her door, and asked her for sexual favours.

B次元官网网址淚 am not persuaded that Ms. Sandve has no reasonable prospect of proving that her sex and gender identity or expression were factors in the adverse impacts she experienced at Surrey Pretrial,B次元官网网址� Prince decided.

A date for a hearing has yet to be determined.

tom.zytaruk@surreynowleader.com
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