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

B.C's COVID-19 dashboard shows the peaks and valleys of cases prior to the record daily report of 132 on April 9, 2021. (Dashboard image)
Interior Health has record day of COVID-19 cases

132 cases reported Friday, April 9, more deaths in Vernon hospital outbreak

(File photo)
Water quality advisory rescinded for Lakeview/Rose Valley Water System

There is no other water quality advisories in West Kelowna

Passengers make their way through Montreal–Trudeau International Airport in Montreal, Saturday, December 19, 2020, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
Dining indoors at YLW’s White Spot allowed despite public health orders

Airport post-security restaurants and BC Ferries cafeterias are exempt from the public health order

(Stock photo)
Snow levels above normal in Okanagan

Spring temperatures, rainfall will affect risk of flooding

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Vernon Secondary School. (Google Maps)
Case of COVID-19 at North Okanagan high school

VSS exposure announced late Friday, April 9

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

The Royal’s 1951 visit to Revelstoke. (Photo by Revelstoke Museum and Archives #17)
PHOTOS: Prince Philip visited Revelstoke – twice

The prince died April 9 at the age of 99

Nolan's Pharmasave in downtown Vernon received 200 AstraZeneca COVID-19 vaccines Friday, April 9, 2021. (Brendan Shykora - Morning Star)
AstraZeneca vaccines arrive at Vernon pharmacies

Four pharmacies in the city received doses of the COVID-19 inoculant Friday

The RCMP were called to the Alchemy Studio on Thursday, April 8. (Contributed)
Revelstoke yoga class fined for defying COVID-19 orders

The RCMP were called to the Alchemy Studio on April 8

An East Hill resident had their leaf bags torched in front of their home overnight April 8. Less than two weeks prior their garbage can was lit on fire too. (Taryn Allen photo)
Garbage, leaf fires spark fear in North Okanagan

First an East Hill residents’ trash can, then bagged leaves were lit on fire

Okanagan-based All Are Family Outreach Society, which provides support to those struggling from Armstrong to Kelowna, is in need of a new headquarters after leaving a Winfield church in June 2020. (All Are Family Outreach photo)
Okanagan outreach society in ‘desperate’ need after storage unit break-in

All Are Family Outreach had $4,000 in tools stolen from its donation shipping container

Most Read