Surrey Pretrial in Newton. (Photo: Tom Zytaruk)

Surrey Pretrial in Newton. (Photo: Tom Zytaruk)

B.C. transgender inmate to get human rights hearing after being held in mostly male jail

B.C. Human Rights Tribunal member Amber Prince on March 3 dismissed the pretrial’s application to have Makayla Sandve’s complaint dismissed

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 pretrial’s application to have Makayla Sandve’s complaint dismissed.

“I am not offering an opinion on the likelihood of Ms. Sandve successfully proving her case at a hearing,” Prince said in her reasons for decision. “All I am saying at this stage is that a hearing is warranted.”

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 women’s jail but was denied. Sandve alleges being frisked by male staff, being “misgendered” 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.

“In 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. Sandve’s complaint against BC Corrections has no reasonable prospect of succeeding at a hearing,” Prince said.

READ ALSO: Transgender inmate loses court case against Surrey Pretrial

READ ALSO: Transgender inmate makes human rights complaint against Surrey Pretrial

READ ALSO: A look at Surrey Pretrial’s storied history

Prince noted in her reasons that Sandve “says 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.

“I 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,” Prince decided.

A date for a hearing has yet to be determined.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

CorrectionSurrey

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

Just Posted

Vernon RCMP volunteers conducting marine vessel pre-checks at Paddlewheel Park in 2020. (City of Vernon)
Vernon volunteers are ‘awe-inspiring’: Mayor

City, mayor celebrate volunteers in National Volunteer Week

Waterfront owners on Kalamalka Lake might want to check their docks, as one was spotted floating around the Oyama end of the lake Thursday, April 22. (Nick Clements photo)
‘Anyone lose a dock?’ in Vernon or Lake Country

Wooden structure spotted at south end of Kalamalka Lake

A screen capture from Chris “Sky” Saccoccia’s Twitch live stream of his rally in Kelowna’s Stuart Park on April 22, 2021. (therealchrisskytv/Twitch.tv)
Anti-mask activist Chris Sky descends on Kelowna, incites violation of COVID-19 health orders

The appearance is part of Chris “Sky” Saccoccia’s ‘Freedom Convoy’ that is currently travelling cross-country

Vernon RCMP are seeking the public’s help in identifying a man who allegedly pointed a firearm at two people outside a downtown business Saturday, April 10, 2021. (Contributed)
Man who brandished firearm in downtown Vernon sought by police

Video surveillance image shows man pointing what investigators believe to be a handgun April 10

Kimberley case counts not at the point for 18 years and older community vaccination, says Interior Health. (File photo)
Many factors considered for smaller community-wide vaccination: Interior Health

East Kootenay resort town’s COVID-19 situation not at the point of community-wide vaccination, say officials

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

BC Wildfire Service
Small wildfire ignites in the Shuswap

The blaze is about 10 km east of the Squilax Bridge

Gavel (Courtesy photo)
EDITORIAL: High marks for Canada’s democratic process

Accusations of widespread corruption do not hold up

Prime Minister Justin Trudeau will issue an apology for Canada’s treatment of Itaian-Canadians during the Second World War. (CPAC)
COLUMN: Apologizing for an uncomfortable wartime decision

Canada’s government will apologize for its treatment of Italian-Canadians during the Second World War

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RauDZ pop-up patio located on Pandosy Street in front of The Okanagan Table. (Contributed: Audrey Surrao)
Kelowna restaurant gets creative to adjust to new health orders

The owners of RauDZ Regional Table open ‘pop-up patio’ to adjust to health order banning indoor dining

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

As part of the province’s strategy to combat the opioid overdose crisis, take-home naloxone kits have been distributed throughout the province. (Courtesy of Gaëlle Nicolussi)
Vancouver Island could be at its worst point of overdose crises yet: medical health officer

Island Health issued overdose advisories for Victoria, various communities in the last two weeks

BC Hydro released a survey Thursday, April 22. It found that many British Columbians are unintentionally contributing to climate change with their yard maintenance choices. (Pixabay)
Spend a lot of time doing yard work? It might be contributing to climate change

Recent BC Hydro survey finds 60% of homeowners still use gas-powered lawnmowers and yard equipment

Most Read