The Vancouver Police Department is expected to change how it treats transgender persons when they are arrested and placed in a jail cell while being booked for an offence.
A report going before the Vancouver Police Board Thursday recommends a sweeping set of amendments to existing policy that are “more reflective of the rights and needs of transgender persons.”
“There is little debate that transgender people are at a higher degree of risk of violence in our society in general, and it is likely that VPD prisoners in pre-hold cells will pose an even greater risk to transgender prisoners,” the report said.
The changes, which are based on feedback from an advisory committee and members of the transgender community, include giving a transgender prisoner the option of being placed in an unoccupied cell or into a cell that matches their stated identity.
“An exception to this is if the jail supervisor has a specific, articulable concern for the transgender prisoner’s safety that necessitates the prisoner being place in an empty pre-hold cell,” the report said.
The policy changes are specific to the time a person is placed in what police call a “pre-hold cell.” This is a cell where a person is placed for five to 15 minutes while police complete the booking process.
If a prisoner needs to be detained further, that person is placed in a single-person cell. All VPD prisoners who require continued detention are placed in single-person cells after they are booked.
The report also recommends a transgender prisoner have a choice of which gender of police officer conducts body searches. The prisoner may also request a “split search,” where a female officer might search the upper portion of their body and a male officer the lower portion, or vice-versa.
This policy is in effect at police departments in Victoria, Port Moody, Edmonton, Hamilton and several departments in Ontario and Alberta. Seattle and Los Angeles police departments also abide by the policy.
The changes propose police to no longer follow current procedure where they ask six questions aimed at verifying a prisoner’s transgender status. The questions are specific about the prisoner’s “private lifestyle and medical state relative to being transgender.”
“The [advisory] committee felt that these questions pre-suppose doubt about the prisoner’s gender identity and the committee felt strongly that these be removed as they would likely be found to be discriminatory,” the report said.
Some transgender people wear special clothing or prosthetics. The committee acknowledged such items may have to be searched but recommended the item or items be returned to the prisoner while in custody – that’s if there are no safety reasons to keep them from the person.
Morgane Oger, chairperson of the Trans Alliance Society, said she welcomed the changes and pointed out they stem from a B.C. Human Rights Tribunal decision in May 2015. The tribunal ruled VPD officers discriminated against a transgender person – Angela Dawson -- for using male pronouns to describe her in a police report and failed to provide her with proper post-surgery care while in custody.
The police board was ordered to pay Dawson $15,000 for injury to dignity, feelings and self-respect. Dawson’s complaints against police related to being arrested in March 2010 on a warrant for breach of probation and in June 2010 for breach of the peace related to an incident on the street.
“The community had to press a number of buttons in the last two years to get here, and I’m glad that we did,” said Oger, whose society was consulted by police about the changes. “These changes are a very, very good step forward towards transgender people being safe in police custody.”
The police board will vote Thursday on the proposed changes at a meeting at the VPD’s Cambie Street precinct. The meeting begins at 1 p.m.
Update: The board unanimously approved the changes at its meeting.
@Howellings
