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

Patricia Berston of Quesnel recently won $200,000 through Casino Royale II, a scratch and win game offered by the B.C. Lottery Corporation. (B.C. Lottery Corporation Photo)
Quesnel woman wins $200,000 playing scratch and win game

Patricia Breston won while playing Casino Royale II

Spectators won’t be able to enjoy Quesnel Kangaroos action like captain Alessio Tomassetti scoring a goal until at least September of 2021. (Sasha Sefter - Quesnel Cariboo Observer)
Quesnel Kangaroos’ CIHL championship defence on hold

The CIHL has canceled its 2020-21 season due to COVID-19 restrictions

Quesnel council has committed to considering signing on to the United Nations Declaration on the Rights of Indigenous Peoples and the calls to action of the Truth and Reconciliation Commission, to developing and adopting an anti-racism strategy for the city and to conducting anti-racism sensitivity training and improving the knowledge of staff and council regarding local Indigenous culture and history. (City of Quesnel Photo)
Quesnel council commits to developing, adopting anti-racism strategy

Council will also consider signing onto the U.N. Declaration on the Rights of Indigenous Peoples

Quesnel Search and Rescue has found a missing snowmobiler on Yanks Peak, near Wells. They are being assisted by the Wells RCMP, Wells Snowmobile Club and Central Cariboo and Prince George search and rescue teams. (Quesnel Search and Rescue)
Search and rescue crews locate missing sledder near Wells

Mike Harbek spent the night on Yanks Peak and was located by helicopter Monday afternoon

A rider carves a path on Yanks Peak Saturday, Nov. 21. Two men from Prince George went missing on the mountain the next day. One of them, Colin Jalbert, made it back after digging out his sled from four feet under the snow. The other, Mike Harbak, is still missing. Local search and rescue teams went out looking Monday, Nov. 23. (Sam Fait Photo)
‘I could still be the one out there’: snowmobiler rescued, 1 still missing near Wells

As Quesnel search and rescue teams investigate Yanks Peak, Colin Jalbert is resting at home

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

A fentanyl test strip is used at Vancouver Coastal Health in Vancouver, Tuesday, January, 21, 2020. The test strips will be made available to drug users to ensure that their drugs are safe and free of Fentanyl. THE CANADIAN PRESS/Jonathan Hayward
Drug overdoses lead to 5 deaths each day in October; drug toxicity continues to increase

COVID-19 crisis continues to exacerbate the overdose crisis

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Damien Smith, with father Thomas Smith, is “frozen” with joy as he watches a special message Deadpool star Ryan Reynolds recorded for Damien’s 9th birthday on Tuesday, Nov. 24, 2020. (Contributed)
Shuswap boy celebrates 9th birthday with family, community and Ryan Reynolds

People from around the world send birthday cards showing young Canoe resident he’s not alone

(Ashley Wadhwani/Black Press Media)
Refuse to follow B.C.’s mask mandate? Face a $230 fine

Masks are now required to be worn by all British Columbians, 12 years and older

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

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

Beaver Creek RCMP Cpl. Robert Drapeau, left to right, Gary Bath, Lynn Marchessault, Payton Marchessault, Rebecca Marchessault and Tim Marchessault pose in this recent handout photo near the Canada-U.S. border crossing near Beaver Creek, Yukon. A family reunion trip for the woman from Georgia that left them stranded ended on a bright note when Bath drove them to the Alaskan border following an appeal for help. THE CANADIAN PRESS/HO, Gary Bath *MANDATORY CREDIT*
Help from B.C. man allows American family to reunite in Alaska

Lynn Marchessault drove from Georgia to the Alaska border to join her husband, who serves in U.S. military

(Pixabay.com)
Man, 28, warned by Kootenay police to stop asking people to marry him

A woman initially reported the incident to police before they discovered others had been popped the question

Most Read