An Alberta human rights court has dismissed a complaint that the Edmonton Police Service was discriminatory in how officers responded to a safety complaint about a transgender person who had not returned from an appointment.
However, in a written decision on January 10, Sandra Badejo, a member of the human rights commission, said that two officers who responded to a 911 call from transgender woman Marni Panas confused her, which constituted discrimination, and that a agent acted unprofessionally.
Still, police acted quickly to find the missing friend and ensure he was safe, the commissioner said.
“I believe that while the respondent’s response may not have been perfect, it was reasonable and appropriate,” Badejo wrote of Edmonton police.
Although it was not the result she wanted, Panas feels the ruling is an achievement, because she found that the police were discriminatory when they misled her.
“That, to me, is a big victory,” he said in an interview Tuesday. “That’s what I’ve been looking for, because this will hold organizations accountable.”
On April 11, 2019, Panas’ trans friend agreed to do a security check after the friend had a scheduled appointment. Panas told a human rights hearing last year that the caution was due to the increased risk of violence and sexual harassment faced by 2SLGBTQ+ people.
Panas says her friend was generally diligent and responsive, and when she couldn’t reach them, she became worried 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. He says Schening was confused about why Panas was worried about his friend’s safety, as he had never heard of friends organizing security checks on dates.
When Panas identified herself and her friend as transgender, in an attempt to communicate that they are at greater risk of violence, Schening responded that Panas’s friend “should not be in that profession,” mistakenly assuming that the friend was working in the sex trade.
Schening also called Panas “sir” and “friend” after she told him she is a trans woman.
Badejo discovered that Schening was properly triaging the call and relayed the issue to another officer, who did a welfare check and was able to reach Panas’ friend within minutes.
Police did not delay or refuse to provide services to Panas as a result of his gender identity, Badejo said.
Commissioner says employees were educated by police
The commissioner said Panas felt harmed by the experience and noted that transgender people continue to be mistreated, both intentionally and unintentionally. Badejo wrote: “According to the Supreme Court of Canada, despite some progress, transgender people remain among the most marginalized in Canadian society and continue to live their lives facing disadvantage, prejudice, stereotypes and vulnerability.”
People who are learning to use gender-neutral pronouns are “learning to undo lifelong habits at the expense of transgender people,” the commissioner wrote.
After Panas complained to police about the call, the service conducted an internal investigation and required existing and incoming staff to receive inclusive and non-bias language training, according to the decision.
Police also changed their policy so that staff address the public by name, rather than using honorifics or words such as “sir” or “ma’am.”
The police were in tune with the rights of sexual and gender minorities and took steps to address Panas’ complaint, Badejo said.
In a written statement Tuesday, Edmonton police spokesperson Carolin Maran said the incident with Panas should not have happened and that the service acknowledged and regretted the harm it caused him.
Maran said police continue to seek input from the 2SLGBTQ+ community and will review and update policies to be inclusive as necessary.
However, Panas, a certified inclusion professional who had previously worked with police to improve relations with sexual and gender minorities, is still moved by the experience.
She doesn’t feel comfortable calling 911 and doesn’t believe an operator will take her complaint seriously.
“And I have nowhere else to go,” he said. “So people like me just don’t get anywhere. And that should be terrifying for anyone in marginalized communities.”
Panas said he is surprised that Badejo found that the police acted in a discriminatory manner, but later dismissed the complaint. She says she could seek a judicial review of the court’s decision.
The commission says a party has six months to make such an application to the King’s Court.
