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

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

A coal-fired power plant seen through dense smog from the window of an electric bullet train south of Beijing, December 2016. China has continued to increase thermal coal production and power generation, adding to greenhouse gas emissions that are already the world’s largest. (Tom Fletcher/Black Press)
LNG featured at B.C. energy industry, climate change conference

Hydrogen, nuclear, carbon capture needed for Canada’s net-zero goal

Victoria’s Royal Jubilee Hospital took in two COVID-19 patients from Northern Health as part of a provincial agreement. (Black Press Media file photo)
Victoria hospital takes in two COVID-19 patients from Northern Health

Royal Jubilee Hospital takes patients as part of provincial transport network

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared on Nov. 19. (Photo courtesy of LNG Canada)
52 positive COVID-19 cases now associated with LNG Canada site outbreak

Eight cases still active, 44 considered recovered

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
41 positive COVID-19 cases associated with the LNG Canada site outbreak

Thirty-four of the 41 cases remain active, according to Northern Health

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

An RCMP officer confers with military rescuers outside their Cormorant helicopter near Bridesville, B.C. Tuesday, Dec. 1. Photo courtesy of RCMP Cpl. Jesse O’Donaghey
Good Samaritan helped Kootenay police nab, rescue suspect which drew armed forces response

Midway RCMP said a Good Samaritan helped track the suspect, then brought the arresting officer dry socks

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

People line up at a COVID-19 assessment centre during the COVID-19 pandemic in Scarborough, Ont., on Wednesday, December 2, 2020. Toronto and Peel region continue to be in lockdown. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccine approval could be days away as pressures mount on health-care system

Many health officials in regions across the country have reported increasing pressures on hospitals

(Needpix.com)
Pandemic has ‘exacerbated’ concerns for B.C. children and youth with special needs: report

Pandemic worsened an already patchwork system, representative says

Most Read