(Pixabay photo)

B.C.’s high court denies judicial review; transgender inmate faces deportation

She appealed to the Supreme Court of Canada but the case was refused last year

The British Columbia Court of Appeal says it is time to stop the “endless merry-go-round of judicial reviews and subsequent reconsiderations” by denying another request to stop the extradition of a transgender inmate.

Haedyn-Khris Beaumann, also known as Kevin Patterson, is charged with first-degree murder in Washington state and has been denied her eighth judicial review of a ministerial order of extradition.

Beaumann’s lawyer argued the justice minister unreasonably rejected the latest application on her inability to access hormone therapy and gender reassignment surgery if she’s extradited to the United States.

The court agrees the minister’s response was brief and “leaves much to be desired,” but notes that, like all seven previous applications, it was submitted late, giving the minister discretion to refuse the application.

Beaumann is charged in the bludgeoning death of her roommate, but fled to B.C. where she was arrested and remains in custody fighting the extradition order issued in 2015.

She appealed to the Supreme Court of Canada but the case was refused last year and the B.C. Court of Appeal says the matter must end.

The unanimous ruling says Beaumann’s judicial review applications have covered grounds ranging from concerns about the death penalty to her discovery of Aboriginal heritage.

The ruling says it wasn’t until the seventh submission that Beaumann revealed her transgender status and the reassignment surgery was not discussed until the eighth legal application.

“According to her counsel, the applicant has identified as female since 2013,” Justice Christopher Grauer says in the written decision released Thursday.

The issue of treatment policies in Washington state “for transgender persons with gender dysphoria could and should have been raised well before this,” he says.

The question is whether extraditing Beaumann, thereby denying her treatments available in Canada, would “shock the conscience of Canadians,” Grauer says, adding he does not believe the case rises to that level.

“In these circumstances, I conclude that the need for finality is an appropriate ground for denying the applicant’s request,” he says.

“Remitting the submission to the minister for reconsideration would serve no useful purpose; that the minister would come to the same conclusion is inevitable.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Top cop calls video of Kelowna Mountie striking suspect ‘concerning’

A video allegedly shows a Kelowna Mountie striking a man several times

$173K to support Okanagan seniors amid pandemic

United Way announces more funding for frontline programs

Okanagan home sales increase over last month, still below 2019 numbers: OMREB

Sales, listings see increase over May’s numbers but dwindle in comparison to 2019

PPE donation reaches Central Okanagan Elizabeth Fry Society

Ending Violence Association of BC received a $20,000 donation for personal protective equipment

Small business grants available through Okanagan initiative

Susie and Bryan Gay launched ‘This Bag Helps’ to help fellow small business owners during the pandemic

B.C. records four new COVID-19 cases, Abbotsford hospital outbreak cleared

Four senior home outbreaks also declared over, eight still active

Princeton RCMP sergeant kills cougar threatening residential neighborhood

An RCMP officer shot and killed a cougar, close to a residential… Continue reading

Pilot project approved: Penticton to allow alcohol in outdoor spaces

For almost two hours, council debated the proposed pilot project, before eventually passing it 4-2

Drugs, machete found in truck with stolen plate driven by Salmon Arm man

Chase RCMP arrest driver and have vehicle towed

RCMP, coroner investigate murder-suicide on Salt Spring Island

Two dead, police say there is no risk to the public

About 30% of B.C. students return to schools as in-class teaching restarts amid pandemic

Education minister noted that in-class instruction remains optional

Trudeau avoids questions about anti-racism protesters dispersed for Trump photo-op

Prime minister says racism is an issue Canadians must tackle at home, too

B.C.’s Law Enforcement Torch Run for Special Olympics goes virtual

The annual event partnering RCMP with Special Olympians is dramatically altered by COVID-19

HERGOTT: Can you get money back if COVID-19 disrupts plans?

Paul Hergott is a personal injury lawyer based in West Kelowna

Most Read