(File photo by Tom Zytaruk)

Transgender inmate in Surrey denied transfer to women’s prison

Petitioner argued denial of transfer to women’s prison was unreasonable and unfair

A B.C. Supreme Court judge has rejected a petition asking him to declare Surrey Pretrial’s decision not to grant a transgender inmate a transfer to a women’s prison unreasonable and unfair.

Bianca Bailey Lovado, who identifies as a transgender female, unsuccessfully sought the order in B.C. Supreme Court in New Westminster under the Judicial Review Procedure Act, with Justice Paul Riley presiding.

Counsel for respondent Ken Bush, acting warden of Surrey Pretrial Services Centre, argued that because Lovado was granted judicial interim release – bail – between when the petition was filed and the date of the hearing, the court should dismiss the petition as moot.

“After hearing submissions on that issue, I concluded the matter was moot, and that it was not an appropriate case for the court to exercise its discretion to entertain the petition,” Riley explained in his Nov. 8 reasons for judgment.

The court heard Lovado requested to be transferred to the Alouette Correctional Centre for Women after being arrested Oct. 22, 2018 on “criminal charges” and being held at Surrey Pretrial, a provincial lock-up for male inmates.

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

READ ALSO: Surrey Pretrial inmate lodges human rights complaint for not being fed kosher food

Lovado did this pursuant to the Transgender Inmates Policy found in the B.C. Corrections branch’s Adult Custody Policy Manual. But the request was denied, resulting in Lovado filing a complaint under Section 37 of the Correction Act Regulation.

The acting warden dismissed the complaint on March 20, 2019. That same day, Lovado launched an action aimed at quashing the acting warden’s decision, alleging it was not unreasonable and not rendered in a “procedurally fair” manner. The petitioner was subsequently granted bail on Sept. 25.

Riley noted that between June 3, 2015 and Sept. 30, 2015 Lovado did time at the Kamloops Regional Correctional Centre for men before being transferred to the Alouette Correctional Centre for Women. Lovado was released from there on Feb. 16, 2016, and then was held at Surrey Pretrial from Nov. 6, 2017 to Dec. 22, 2017, from January 11, 2018 to May 1, 2018, and from June 17, 2018 to July 30, 2018.

The judge noted that as Lovado did not seek a “declaration as to future rights, but rather a declaration that a past, case-specific decision was either made in a procedurally unfair manner or was unreasonable,” he did not see how “such a declaration would be of practical utility to the Petitioner or to anyone else.”

Riley said the relief sought in Lovado’s petition “does not weigh in favour of an expenditure of scarce judicial resources.”

“Another important consideration is the notion that pronouncing on the merits of the petition despite the absence of a continuing concrete legal controversy would take the court beyond its proper adjudicative role, and would thus intrude on the legislated decision making authority of those charged with administering provincial remand facilities.”



tom.zytaruk@surreynowleader.com

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

Just Posted

Eight Comox Valley non-profits get government funding

The Province has announced $314,000 in funding for eight not-for-profit organizations in… Continue reading

‘Pop-up’ Christmas Craft Fair at Tsolum school

Funds from table sales and concession support school in El Granadillo, Mexico

Comox Valley Glacier Kings split another pair of games

Yetis best Buccaneers on Saturday at home after road loss to Storm

Campbell River mom’s iPhone containing priceless photos stolen from Victoria hospital parkade

The phone contained photos, heartbeat recordings of her late son

City of Courtenay installing aqua dam in Lewis Park

With winter approaching, seasonal storms are likely to begin affecting the East… Continue reading

VIDEO: Led by ‘Marriage Story,’ Netflix dominates Golden Globe noms

Netflix flexed its muscles across all categories, just as it is girding for battle with a host of new streaming services

In surprise move, defence won’t call witnesses for accused in Abbotsford school killing

‘Change of instructions’ results in defence closing case without calling evidence

B.C. VIEWS: An engine that hums right along

First Nations are leading a new surge of investment in B.C.

74% of 911 calls are from cellphones, so know your location: E-Comm

Cell tower triangulation generally only narrows location down to the block someone is calling from

No negligence in RCMP actions in B.C. teen’s overdose death: Watchdog

Police acted properly when they responded to the first reports of the boy being in distress

320 years since the ‘Big One’ doesn’t mean it’s overdue: B.C. professor

‘It could happen today, tomorrow or 100 years from now’

Would you leave your baby alone to go to the gym? This Canadian dad did

The man identifies just as a divorced dad with a nine-month-old baby

B.C. coroner asking for help identifying man found dead in Peace region

Mounties have deemed the man’s death not suspicious and believe he died earlier this year

Lawyer competence includes knowledge of Indigenous-Crown history: B.C. law society

All practising lawyers in B.C. will be required to take a six-hour online course covering these areas

Most Read