(File photo by Tom Zytaruk)

Transgender inmate loses court case against Surrey Pretrial

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

Comments are closed

Just Posted

Intent of killing at centre of Surrey man’s West Kelowna murder trial

B.C. Supreme Court Justice Allison Beames is anticipated to return with her decision in August

White Rock dogs-on-promenade survey shows majority approval

City figures suggest that off-season program could continue

UPDATE: Pedestrian dies after being hit by bus in uptown White Rock

Collision occurred July 3 at North Bluff Road and Johnston Road

PHOTOS: South Surrey tractor project evokes ‘$1-million smile,’ helps connect neighbours

Retired Surrey firefighter Ron Henze began project for friend’s dad to fill time during pandemic

VIDEO: Musqueam Chief captures captivating footage of bald eagle catching meal

‘This is why we have chosen to live here since time immemorial,’ Chief Wayne Sparrow’s nephew says

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

Langley vigil demands justice for Ontario animal activist killed protesting in front of slaughterhouse

More than two dozen people gathered at Britco Pork to remember Regan Russell, and fight Bill 156

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Liberal party finished 2019 having spent $43 million, raised $42 million

All political parties had until midnight June 30 to submit their financial reports for last year

B.C. teacher loses licence after sexual relationships with two recently-graduated students

The teacher won’t be allowed to apply for a teaching certificate until 2035

Most Read