On April 15, 2016, the Supreme Court of Canada decided that a provision limiting the discretion of a judge to give enhanced pre-trial credit was overbroad and unconstitutional.

The West Coast Prison Justice Society/Prisoners’ Legal Services was represented at the Supreme Court of Canada by Greg Allen and Ken Leung in R v Safarzadeh-Markhali.

A provision of the Truth in Sentencing Act, which was enacted as part of the Harper government’s “tough on crime” agenda, prohibited a trial judge from giving more than one-for-one pretrial credit if a justice of the peace denies bail to the person because of a previous conviction.

Congratulations to all involved in this important case, and a special thanks to Greg and Ken who represented us pro bono.

The West Coast Prison Justice society has filed a human rights complaint against the Correctional Service of Canada (CSC) on behalf of transgender prisoners.

CSC’s policies require prisoners to be placed in male or female prisons according to their genitals, rather than by gender identity. Both BC and Ontario corrections place prisoners according to gender, if that is the person’s preference. CSC’s policy means that vulnerable trans women are forced to live in men’s prisons where they are at constant risk of sexual assault.

CSC policy also puts trans prisoners at risk of suffering other dehumanizing forms of harassment and discrimination, including the risk of being forced to share a cell with someone of the opposite gender, being strip searched by officers of the opposite gender, or being referred to by the wrong name and inappropriate gender pronouns.

CSC’s policy also fails to conform to international standards for the provision of medically necessary surgery.

Prisoners’ Legal Services applauds BC Corrections decision to amend its policy on transgender prisoners to comply with human rights law. The new policy is similar to the policy implemented by the Ontario Correctional service, which requires:

• placement according to gender, unless there are overriding health or safety concerns that cannot be resolved;
• transgender prisoners to be given the opportunity to choose the gender of officers performing frisk or strip searches;
• transgender prisoners to retain personal items necessary to express their gender and to be provided preferred institutional clothing;
• transgender prisoners to be integrated into the general population, rather than in solitary confinement, unless there are proven overriding health and safety concerns which cannot be resolved;
• transgender prisoners to be given private shower and toilet facilities;
• transgender prisoners to be addressed by their preferred names and gender pronouns verbally and in written documents; and
• training and education for staff on gender identity and expression.

BC’s new policy goes further to protect the rights of transgender prisoners by prohibiting double bunking (sharing a cell) if a transgender prisoner is ever housed according to their birth sex, allowing prisoners to order canteen items according to their gender, and providing training to prisoners if appropriate.

BC Corrections consulted with Prisoners’ Legal Services in developing its new transgender prisoner policy. Prisoners’ Legal Services believes the policy may be the best example of any jurisdiction in Canada and the world for the accommodation of transgender prisoners. BC transgender prisoners are now protected by policy from being put at risk of sexual harassment and assault, and are now afforded the dignity and equality that all people deserve.