(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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Eva Xu (left) and Joanne Moon (right) presents Campbell River Hospital Foundation executive director Stacey Marsh (centre) with a $1,476 cheque to go towards the new mammography machine at the hospital. Photo supplied by Campbell River Hospital Foundation.
Gourmet Essentials donates nearly $1,500 to Hospital Foundation

Machine will cut wait times for mammogram results

Robbie Burns Day will be celebrated a little differently this year, but celebrated it will be as the Tidemark Theatre presents a live virtual celebration that will be available for ticketholders to view for three days. Black Press File Photo
Tidemark Theatre presents Burns Night 2021: The Bard & His Ballads

A tale of whisky and haggis, and of how Robbie Burns would emerge as a champion for the common man

Everett Bumstead (centre) and his crew share a picture from a tree planting location in Sayward on Vancouver Island from when they were filming for ‘One Million Trees’ last year. Photo courtesy, Everett Bumstead.
The tree planting life on Vancouver Island features in new documentary

Everett Bumstead brings forth the technicalities, psychology and politics of the tree planting industry in his movie

Bill Reekie and his then-four-year-old granddaughter Lily. Photo contributed
Alzheimer’s – the Unplanned Journey

By Jocelyn Reekie Special to the Mirror “January is Alzheimer’s Awareness Month… Continue reading

The Kwiakah First Nation is looking to lease some Crown land at the old Campbell River Gun Range to create a community garden for its members and a series of greenhouses to sell produce to cover operational costs. Black Press File Photo
Kwiakah First Nation looks to open farm at old Campbell River gun range

City defers decision on allowing it until they can consult with other local First Nations

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Egg producers in B.C. aren’t obligated to reveal their production sites. (Sarah Simpson/Citizen)
Officials say there’s not enough Vancouver Island eggs to meet demand

BC Egg Marketing Board doesn’t regulate labelling, supply needed from off-Island

A Courtenay resident labours to remove the snow build-up from around her car in February 2019. The area may see snow throughout the coming weekend. Black Press file photo
Snow, winter might not be done with Vancouver Island quite yet

Flurries, snow and cold temps predicted for the weekend for mid-Island

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

A Trail man has a lucky tin for a keepsake after it saved him from a stabbing last week. File photo
Small tin in Kootenay man’s jacket pocket saved him from stabbing: RCMP

The man was uninjured thanks to a tin in his jacket

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Frustrated family denied access to B.C. Indigenous woman’s police shooting report

Independent investigation into B.C. woman’s fatal shooting in New Brunswick filed to Crown

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Dezi, a Delta police dog, retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Most Read