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

The public is being asked to use caution when doing backyard burning in the Cariboo Fire Centre. (File photo)
Caution urged with outdoor burning says Cariboo Fire Centre

Anyone conducting burning must ensure adequate resources are on hand to stop fire from spreading

Four defibrillators will be installed around Quesnel at the Bouchie Lake, Barlow Creek and Parkland community halls and at Alex Fraser Park. (Black Press file photo)
North Cariboo Joint Committee approve defibrillators, cycling trail maintenance

The committee held a brief meeting, approving projects in the Quesnel area

There have been four COVID-19 exposures in Quesnel School District facilities. (File Photo)
Northern health detects COVID-19 case at Kersley Elementary

It’s the fourth case detected in the Quesnel School district this school year

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

(AP Photo/Matthias Schrader, FIle)
VIDEO: Rare blood clots ‘may be linked’ to AstraZeneca vaccines, Health Canada says

One case of the adverse effect has been reported in Canada

Flow Academy is not accepting membership applications from anybody who has received a dose of the vaccine, according to a password-protected membership application form. (Submitted image)
B.C. martial arts gym refusing patrons who have been vaccinated, wear masks

Interior Health has already issued a ticket to Flow Academy for non-compliance with public health orders

Two men walk past a sign on Main Street in downtown Vancouver, B.C., Monday, April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Calls for government transparency in COVID data continue as B.C.’s 3rd wave wears on

Social media, where both information and misinformation can spread like wildfire, has not helped

The music video for “Green and Blue” featured a Willington Care Centre in Burnaby as well as some of the volunteers and employees. (Screenshot/Todd Richard)
‘Green and Blue’: B.C. country musician releases tribute song for front-line workers

Richard’s new single has been viewed more than 3,000 times on his YouTube channel

An unidentified B.C. man said, in a human rights complaint, that he was refused a contract job after refusing to wear a mask when asked to by an on-site manager. (Unsplash)
Religious B.C. man lodges human rights complaint after fired for refusing to wear a mask

Worker’s claim that ‘to cover up our face infringes on our God-given ability to breathe’ dismissed by B.C. Human Rights Tribunal

This 2013 Dodge Ram 1500 was stolen from Black Creek Motors at approximately 2 a.m. Sunday, April 11. Photos via blackcreekmotors.com
VIDEO: B.C. car dealer posts clip of thieves towing a truck right off his lot

Video shows one white truck towing another off Vancouver Island lot

FILE – People hold signs during a memorial march to remember victims of overdose deaths in Vancouver on Saturday, August 15, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. to request federal exemption for simple drug possession

Announcement comes on 5-year anniversary of B.C.’s first public health emergency

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

Two men were seen removing red dresses alongside the Island Highway in Oyster Bay. (Submitted photo)
Observers ‘gutted’ as pair filmed removing red dresses hung along B.C. highway

Activists hung the dresses to raise awareness for Indigenous Murdered/Missing Women & Girls

Most Read