Alberta human rights tribunal dismisses trans woman's discrimination complaint against EPS

An Alberta human rights tribunal has dismissed a complaint that the Edmonton Police Service was discriminatory in how officers responded to a safety complaint about a transgender person who hadn't reported back from a date.

However, in a Jan. 10 written decision, human rights commission member Sandra Badejo said two officers fielding a 911 call from transgender woman Marni Panas misgendered her, which was discrimination, and one officer acted unprofessionally.

Still, the police acted quickly to find the missing friend and ensure they were safe, the commissioner said.

"I find that while the respondent's response may not have been perfect, it was reasonable and appropriate," Badejo wrote of Edmonton police.

Although it wasn't the result she wanted, Panas feels the ruling is an accomplishment, because it found the police were discriminatory when they misgendered her.

"That, to me, is a huge win," she said in a Tuesday interview. "That's what I've been looking for, because this will hold organizations accountable."

On April 11, 2019,  Panas's trans friend agreed to do a safety check after the friend had a scheduled date. Panas told a human rights hearing last year the precaution was due to higher risk of violence and sexual harassment 2SLGBTQ+  people face.

Panas says her friend was usually diligent and responsive, and when she couldn't reach them, she was concerned and called 911 for help.

The dispatcher who answered the phone called Panas "sir" three times, including once after she identified herself as a woman.

Badejo's decision says the dispatcher transferred the call to David Schening, a retired police officer who had previously worked investigating sex trafficking. It says Schening was confused about why Panas was worried about her friend's safety, as he'd never heard about friends arranging dating safety checks.

When Panas identified herself and her friend as transgender, in an attempt to communicate that they are at higher risk of violence, Schening responded that Panas's friend "shouldn't be in that profession," erroneously assuming the friend was working in the sex trade.

Schening also called Panas "sir" and "buddy" after she had told him she is a trans woman.

Badejo found Schening did triage the call appropriately, and relayed the issue to another officer, who did a welfare check and managed to reach Panas's friend within minutes.

The police didn't delay or refuse to provide services to Panas as a result of her gender identity, Badejo said.

Commissioner says police educated employees

The commissioner said Panas was harmed by the experience and noted that transgender people continue to be misgendered, both intentionally and unintentionally. Badejo wrote, "According to the Supreme Court of Canada despite some gains, transgender people remain among the most marginalized in Canadian society, and continue to live their lives facing disadvantage, prejudice, stereotyping, and vulnerability."

People who are learning to use gender-neutral pronouns are "learning to undo habits of a lifetime at the expense of transgender people," the commissioner wrote.

After Panas complained to the police about the call, the service conducted an internal investigation and required existing and incoming staff to take anti-bias and inclusive language training, the decision says.

The police also changed its policy so staff address members of the public by their names, instead of using honorifics or words like "sir" or "ma'am."

The police were attuned to sexual and gender minority rights and took steps to address Panas' complaint, Badejo said.

In a written statement on Tuesday, Edmonton police spokesperson Carolin Maran said the incident with Panas should not have occurred, and the service recognized and regrets the hurt it caused her.

Maran said police continue to seek input from the 2SLGBTQ+  community and will review and update policies to be inclusive as needed.

However, Panas, a certified inclusion professional who had previously worked with police to improve relations with gender and sexual minorities, still feels shaken by the experience.

She doesn't feel comfortable calling 911 and doesn't believe a dispatcher will take her complaint seriously.

"And I have no other place to go," she said. "So then people like me just go nowhere. And that should be terrifying for anybody from marginalized communities."

Panas said she's puzzled that Badejo found police acted discriminatorily, but then dismissed the complaint. She says she may seek a judicial review of the tribunal decision.

The commission says a party has six months to file such an application with the Court of King's Bench.