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

An Alberta human rights tribunal recently made a decision regarding a complaint filed against the Edmonton Police Service for their response to a safety concern involving a transgender individual who had not returned from a date. The complaint was ultimately dismissed, but the tribunal did find instances of discrimination in how the officers handled the situation.

In a written decision dated January 10th, human rights commission member Sandra Badejo acknowledged that two officers had misgendered the transgender woman, Marni Panas, who had called in the safety concern. This misgendering was deemed discriminatory, and one of the officers was also noted to have acted unprofessionally. Despite these findings, Badejo stated that the police acted promptly to locate Panas’ missing friend and ensure their safety.

Panas expressed mixed feelings about the outcome, as while the ruling did acknowledge the discriminatory behavior in misgendering her, the overall complaint was dismissed. She viewed this acknowledgment as a significant step towards holding organizations accountable for discriminatory actions.

The incident in question occurred on April 11, 2019, when Panas asked her trans friend to perform a safety check after a scheduled date. Due to the heightened risks faced by 2SLGBTQ+ individuals, Panas was concerned when her friend did not respond as usual and decided to call 911 for assistance.

During the call, the dispatcher repeatedly referred to Panas as “sir,” even after she had identified herself as a woman. The call was then transferred to a retired police officer, David Schening, who displayed confusion about the safety check request. When Panas mentioned that she and her friend were transgender, Schening made inappropriate assumptions and comments, further misgendering Panas in the process.

Despite these missteps, Badejo noted that Schening did take appropriate action by passing on the information to another officer who conducted a welfare check and located Panas’ friend promptly. The tribunal concluded that while the response from the police was not flawless, it was reasonable under the circumstances.

In response to Panas’ complaint, the Edmonton Police Service conducted an internal investigation and implemented anti-bias and inclusive language training for its staff. The service also revised its policies to ensure that members of the public are addressed by their names rather than gender-specific honorifics.

While the tribunal recognized the harm caused to Panas and the ongoing challenges faced by transgender individuals, the police’s efforts to address the complaint were acknowledged. Edmonton police spokesperson Carolin Maran expressed regret over the incident and reiterated the service’s commitment to inclusivity and continuous improvement.

Despite these measures, Panas admitted to still feeling unsettled by the experience and expressed concerns about seeking help from law enforcement in the future. She emphasized the importance of marginalized communities having access to reliable support systems and indicated that she may pursue a judicial review of the tribunal’s decision.

Overall, the case serves as a reminder of the ongoing need for improved understanding and sensitivity towards gender and sexual minority rights within law enforcement agencies. The efforts made by the Edmonton Police Service following this incident highlight the importance of addressing discrimination and promoting inclusivity within all facets of society.