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

The District of Tofino has put new restrictions in place around alcohol at public events. (Westerly file photo)
Tofino puts new restrictions on alcohol at public events

Town’s council adopts Municipal Alcohol Policy.

Stand up paddleboarder Christie Jamieson is humbled to her knees as a pod of transient orcas put on a dramatic show on Jan. 19 in the Ucluelet Harbour. (Nora O’Malley photo)
UPDATED WITH VIDEO: Ucluelet paddle boarder surrounded by pod of orcas

“My whole body is still shaking. I don’t even know what to do with this energy.”

Gord John stands during question period in Ottawa in Sept. 2020. (PHOTO COURTESY CHRISTIAN DIOTTE, HOUSE OF COMMONS PHOTO SERVICES)
2020: A Year in Review with Courtenay-Alberni MP Gord Johns

NDP MP wants to ‘build back better’ in 2021

Tofino expects to elect a new mayor and two new councillors on March 6. (Westerly file photo)
Nomination period begins for Tofino byelection

Tofino is set to replace former mayor Josie Osborne, who is now the Mid Island-Pacific Rim MLA.

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Quebec’s BEI completes investigation into Chantel Moore’s fatal shooting by Edmundston police officer

New Brunswick’s public prosecutions services and chief coroner to conduct public hearing

A woman writes a message on a memorial mural wall by street artist James “Smokey Devil” Hardy during a memorial to remember victims of illicit drug overdose deaths on International Overdose Awareness Day, in the Downtown Eastside of Vancouver, on Monday, August 31, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. paramedics respond to record-breaking number of overdose calls in 2020

On the front lines, COVID-19 has not only led to more calls, but increased the complexity

Seven streets in downtown Duncan, including Station Street, will soon have new native names added to their signage. (Submitted graphic)
New Duncan street signs will be in English and Hul’q’umi’num

Seven streets to get additional names in First Nations language

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

Metchosin Coun. Kyara Kahakauwila is stepping down as deputy mayor following controversy over her decision to travel to Mexico in December. (Black Press Media file photo)
Councillor steps down as deputy mayor of Metchosin after controversial trip to Mexico

Mayor hopeful mediation will help council get back to the business of community

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

The Elk Valley Hospital is adapting to meet the needs of patients in the Elk Valley.
One in five tests in Fernie area coming back positive: doctor

Dr Ron Clark of Elk Valley Hospital said one in five tests was returning positive for COVID-19

Throughout December, RCMP conducted CounterAttack road checks as police worked to keep roads free of impaired drivers. (BLACK PRESS file photo)
From the “You can’t make this stuff up” file – stories from the BC CounterAttack campaign

Amusing, yes, but a reminder impaired driving affects ability to drive and to make good decisions

(Thesendboys/Instagram)
Video of man doing backflip off Vancouver bridge draws police condemnation

Group says in Instagram story that they ‘don’t do it for the clout’

The RCMP are reminding drivers to find alternative ways home if they have consumed anything that impairs their ability to drive. (Black Press file photo)
Impaired Island driver flees road check twice on the same night

The officer issued the driver numerous violation tickets, and a four-month driving suspension

Most Read