(File photo by Tom Zytaruk)

(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

Lakes District Hospital and Health Centre opened in February 2015. (Priyanka Ketkar photo/Lakes District News)
Lack of maternity program, still a problem in Burns Lake

Community members continue to shuttle to far away locations

The adult Cooper’s Hawk was spotted in Burns Lake last month. (Priyanka Ketkar photo/Lakes District News)
What to do when you see a bird band or a banded bird?

Here are some answers this Cooper’s Hawk in Burns Lake lead us to

The chamber recently got a picnic bench made and will be adding a few more to the collection for visitors and Burns Lakers to enjoy. (Priyanka Ketkar photo/Lakes District News)
Burns Lake’s community market gets the official farmer’s market status

The Burns Lake and District Chamber of Commerce’s community market is now… Continue reading

DLES' Le Trois Petits Cochons presentation. (Submitted/Lakes District News)
French play at Decker Lake Elementary School

On May 25, Grade 4-5 students of the Decker Lake Elementary School… Continue reading

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read