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

Ranchero Deep Creek firefighters respond to a blaze involving two adjacent structures at a property off of Deep Creek Road on Sunday, Feb. 21. The buildings were believed to have been used as part of a cannabis growing operation, and RCMP are investigating. (Sean Coubrough/CSRD photo)
Ranchero Deep Creek firefighters respond to a blaze involving two adjacent structures at a property off of Deep Creek Road on Sunday, Feb. 21. The buildings were believed to have been used as part of a cannabis growing operation, and RCMP are investigating. (Sean Coubrough/CSRD photo)
Update: Fire at North Okanagan-Shuswap cannabis grow operation not suspcious

RCMP investigating, attempting to track down owner of property

A 50-year-old Lake Country man was arrested and cocaine, methamphetamine and fentanyl were seized from his vehicle after a concerned citizen called in the suspicious vehicle idling on the wrong side of Woodsdale Road Feb. 18, 2021. (Lake Country RCMP)
Drugs, cash seized from suspicious three-wheeled vehicle in Lake Country

Man, 50, arrested after police respond to concerned citizen’s call

(Phil McLachlan - Black Press file)
Enderby man prohibited from driving after colliding into Kelowna bus stop

Vehicle was towed, 35-year-old man served 24-hour driving prohibition

Numbers of new COVID-19 cases for the week of Feb. 14 to 20 appear to be trending down for all local health areas in the North Okanagan-Shuswap. (BC Centre for Disease Control map)
Colours on COVID-19 map getting lighter for North Okanagan-Shuswap

Number of new weekly cases reported by BC Centre for Disease Control drop throughout region

Major renovations are planned for the Centennial Outdoor Rink in Vernon. - Photo submitted
$695K grant to get Vernon rink ready for next season

Provincial funding will go toward replacing chiller at Centennial Outdoor Rink

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

Royal LePage Place, along with the adjacent Jim Lind Arena are the two ice arenas operated by the City of West Kelowna..—Image credit: contributed
$442,200 to replace aging ammonia chiller at West Kelowna arena

West Kelowna is the recipient of a provincial grant to replace the ammonia chiller

The husband wife team of Brett Turner and Olivia Fobert are the bakers and makers behind Joy Road Catering who are opening up a pop up bakeshop this May in the former Craft Kitchen. (Facebook)
Pop-up bakeshop opening in downtown Penticton

Joy Road Catering’s Bakeshop will be offering breads, pastries, lunch bowls and a marketplace

NDP leader Jagmeet Singh holds a press conference on Parliament Hill in Ottawa on Wednesday, Feb. 24, 2021. THE CANADIAN PRESS/Sean Kilpatrick
NDP will not trigger election as long as pandemic continues: Singh

‘“We will vote to keep the government going’

Smoke dissipates as fire crews respond to smoke that was billowing from a residential building in the 400 block of Fourth Avenue SE in Salmon Arm about 2:30 p.m. on Wednesday, Feb. 24. (Jim Elliot-Salmon Arm Observer)
Residents displaced following Salmon Arm apartment fire

Crews were called to the scene at 2 p.m. on Wednesday, Feb. 24

A chocolate banana cream pie, similar to the smaller version pictured, baked by the Shuswap Pie Company’s Tovah Shantz, fetched $5,000 in this year’s Heritage Week pie auction fundraiser for R.J. Haney Heritage Village and Museum. (Shuswap Pie Company photo)
Made-in-Shuswap pie fetches $5,000 in fundraiser

Heritage Week pie auction raises $51,500 for R.J. Haney Heritage Village & Museum

Highway 5 pictured at Zopkios Southbound, Feb. 25 morning. (DriveBC)
Winter storm warning issued for Coquihalla, Highway 3

Up to 30 cm of snow expected by Friday (Feb. 26) morning

Students from Summerland’s Okanagan College often posed for photographs on the Big Rock. The rock was on the northern slope of Giant’s Head Mountain. (Photo courtesy of the Summerland Museum)
Summerland’s Big Rock had been deposited during last ice age

Rock was once a prominent feature on Giant’s Head Mountain

Most Read