Posts Tagged ‘policy’
Transgender and Incarcerated: How do our jails treat some of the most vulnerable prisoners?
http://issuu.com/outwords/docs/outwords_210_may-june_2014 – pages 8-10
Transgender prisoners – particularly women – often face harsh situations in Canada’s jails. Without documentation or not having medically transitioned, offenders may face difficult questions when entering the prison system, not the least of which is what their gender is. Those who are non-operative or pre-operative are, by standard practice, sent to the prison that matches their sexed genitalia, said a spokesperson for Manitoba Justice. This is done regardless of how long they have lived as their identified gender.
A famous 2001 Canadian case saw Synthia Kavanagh, a 41-year-old trans woman who had begun hormone therapy and lived as female since she was a teen, placed in a men’s prison and given restricted hormone therapy. This resulted in a reversal of the physical changes hormones had provided her. After her requests for gender-reassignment surgery (GRS) were repeatedly denied, Kavanagh attempted to slice off her genitalia out of desperation.
Kavanagh filed a complaint with the Canadian Human Rights Commission and eventually won her case in 2001. She received surgery at a cost of $14,000 and was then moved to a women’s prison. This followed several years in segregation after alleged sexual assault and harassment at the hands of male inmates. Kavanagh’s case illustrates all too well some of the hardships trans women face in Canada’s prison system.
“They’re mixed in with the general population, and they’re assigned based on whatever sex organs they still have.”
The case in Manitoba
In Manitoba, the Human Rights Code prohibits discrimination on the basis of gender identity in the provision of services. The Commission’s website states, “Systemic discrimination is a form of discrimination that is often not intended. It takes place when a policy or practice that seems neutral has a greater negative effect on some people based on their protected characteristic.”
Failure to reasonably accommodate a special need that is based on a protected characteristic is also prohibited in Manitoba. The Code has special status over all other laws in the Province of Manitoba.
Factors like self-identification, gender on official ID and any file history about past placements is taken into consideration before placing a transgendered prisoner, said the spokesperson for Manitoba Justice. “Placements also consider the individual’s health and safety and any security concerns that could result. As I understand it, a transgender inmate in a correctional facility would likely be placed in an area with either a smaller population of inmates (i.e. not a dorm-style arrangement), or in other areas better suited to protect his or her safety.”
The spokesperson said Manitoba Corrections has effectively managed trans offenders in the past and isn’t aware of any significant incidents. Of a total inmate population of around 2,600, they estimate that there may be four to six transgender inmates in the provincial system at any time. The spokesperson said trans inmates have access to hormones if they have been taking them before coming in. The official was unable to say whether any pre-operative/non-operative trans women have ever been placed in a women’s prison in Manitoba.
Manitoba Corrections does not have policies specific to transgender inmates.
The case for transgender inmates the same across Canada
In addition to provincial facilities, there are three federal penitentiaries in Manitoba. Correctional Service Canada’s regional communications manager for the Prairies, Jeff Campbell said in an e-mail interview, “Pre-operative male to female offenders with gender identity disorder shall be held in men’s institutions and pre-operative female to male offenders with gender identity disorder shall be held in women’s institutions.” For all placement decisions, individual assessments are done to ensure those offenders diagnosed with gender identity disorder (GID) have their needs for safety and privacy accommodated, Campbell said. This means that without genital surgery, an offender would be placed in a prison that corresponds with their physical sex, but possibly not with their emotional and psychological well-being.
In order for an inmate to be diagnosed with GID and access trans-specific medical care, they must see a psychiatrist who is a recognized expert in the area. This mirrors the process many trans people outside prison must follow to access healthcare. The process for inmates happens if and when such a psychiatrist is available, according to Correctional Service Canada policy. The policy states inmates with GID diagnosis are the ones who can initiate or continue hormone therapy.
The policy also says, “Sex reassignment surgery shall be considered during incarceration only when: a recognized gender identity specialist has confirmed that the offender has satisfied the real-life test.” The real-life test refers to living full-time as one’s identified gender for a year in order to qualify for surgery. For inmates, the real-life test must have been completed prior to incarceration. If they are eligible for surgery, Correctional Service Canada foots the bill. This policy amendment was enacted following Kavanagh’s human rights victory.
Dealing with misidentification
One source OutWords spoke to has seen some of the effects of these policies on the ground. In a telephone interview, an employee of federal corrections described some of the ways trans women are treated in male penitentiaries and how some of them cope. “They’re mixed in with the general population, and they’re assigned based on whatever sex organs they still have,” the source said. “Even if they’ve had breast augmentation and have been living fully as female and on hormones.” Others could care less if they’re in with the males, and “[those ones] only live as female part-time or by choice.”
“But there are a couple in particular who live fully as female and identify as female and we call them by their female names… Most of them are forced to work the streets when they’re out, and then they come in, and if they really want to affect change it’s pretty hard, because they’re kind of used as females within the prison,” said the source. “In some ways for some of them it gives them a lot of power in the prison, because they have something to barter with. But for others who are sincerely wanting to change, and [who] live their lives as females socially, it’s an added struggle for them. I think it’s kind of shameful.” The source described the situation as psychologically damaging and quite bad. “But I don’t know what the other solution is either.”
Prisonjustice.ca, an activist organization for trans prisoners, notes the connection between criminal activity, poverty and the isolation and stigmatization many trans people face. Incarceration rates within trans communities are disproportionate, and this is linked to the vulnerability of the trans population.
Moving forward
The federal employee said Manitoba Corrections is looking at work done by the Winnipeg police to help plan an expansion for its own diversity programs. “We’re also doing it [federally], because we work with a diversity committee, and we’re looking to bring in speakers and stuff from related organizations that have been successful in doing diversity training with their staff.”
A guide put together by Joshua Mira Goldberg for the Justice Institute of British Columbia aims to provide criminal justice personnel with the information necessary to respond appropriately to trans people in the criminal justice system. It suggests a case-by-case approach to placing trans prisoners. “In some cases, it may be appropriate to place a prisoner according to their identity (e.g., placing a trans woman in a women’s facility). In some locations, it may be possible for trans prisoners to be housed together in a special unit. In some instances, a trans prisoner may request placement in general population or protective custody… There needs to be a framework to guide the assessment.”
Australia’s model is a three-tiered policy that prioritizes prisoner safety. First, it is asked which facility would be safest for the prisoner. Then, the prisoner’s general appearance and what gender they live as are considered. The last consideration is physiology and genital status.
An international academic study that looked at transsexuals within prison systems in North America, Europe and Australia found that only 29 of 64 correctional institutions said they would maintain existing hormone therapy if it had been prescribed prior to imprisonment. Sixty-two of 64 facilities said all inmates must wear the clothing appropriate to the institution regardless of the inmate’s gender identity. And only 40 per cent of correctional services had policies addressing issues like hormone treatment.
Published in OutWords Magazine, May/June 2014
–Larkin Schmiedl is a freelance journalist living in Vancouver, B.C. He loves to write about social and environmental justice.
An unknown source of local food on campus?
Local food, sustainability and fair trade have come to mainstream consciousness over the past few years, and as a result some businesses are shifting their policies. Some others are trying to appear to be doing so.
I’ve been noticing these signs in the Terrace cafeteria at TRU over the past few weeks.
The posters are a part of Aramark’s “Green Thread” campaign, described by the company as part of its sustainable food initiative.
Aramark provides the food on a great number of different university campuses across North America, as well as in colleges, high schools, remote camps, businesses and more.
I wonder what action Aramark, the food company that runs almost all the food on campus at TRU, has taken on its stated commitments toward sustainability and local, organic and fair trade food?
In 2010 Aramark published a press release announcing it had received an award as one of Canada’s greenest employers.
It seems there is lots to learn, and I’d like to know more.
The skeleton and the meat of local sustainability
The direction of my story is coming together in its final form now, and I’m really excited about it.
The final project, due in nine days, is going to be looking at local sustainable food sources in Kamloops. I’m going to be defining what sustainable means (or could mean), and looking at what policy is in place in the city around the issue and how it’s being implemented and used. I’m also going to be speaking to different ‘consumers’–likely one who places high value on eating local food and does so as much as possible, and then one other ‘average’ consumer.
With all of this, I hope to paint a picture of the sustainable food situation in Kamloops–what’s happening now, what the willpower for change may or may not be, and what possible future directions or avenues might be if the goal were sustainability.
Food production is, after all, the biggest use we make of our environment. The way we produce food for ourselves is key to environmental health.
Over the next week I’ll be speaking with as many grocery stores and restaurants as I can to see what they have, and speaking with city councillors and analyzing food policy in the city. I’ll also be seeking an acceptable definition of the concept of ‘sustainability’ when it comes to food, and looking at the Canada food pyramid where it all, in some form, is based, at least in theory.
Stay tuned for more, and please send on any suggestions, comments, questions or feedback.
Thanks for reading.