#FreeAvery spotlights transgender woman sent to male prison

Avery Edison's case raises questions about Canada's treatment of transgender individuals.

Storified by AJAMStream· Wed, Feb 12 2014 15:02:02

torontosun.com

Edison, above, was arrested when she tried to enter Ontario to visit her partner, Romy Sugden. Scared and held by herself, Edison live-tweeted her experience, including the almost immediate misgendering she experienced.

My case is being referred to a hearing. I am being taken to an immigration detention centre. Just been read rights. In washroom crying.Avery Edison

Initial interviewing officer is telling another about my depression, keeps switching he/she. MY PASSPORT IS FEMALE.Avery Edison

Change of plan AGAIN. Will be moved, soon, to Maplehurst correctional facility and assessed by a nurse before placed in male or female cell.Avery Edison

“I have one male for pick-up, and it’s for a wet cell.” - Officer talking to detention centre about me on the phone.Avery Edison

After being arrested and detained for nearly 12 hours, Canada border services sent her to Maplehurst Correctional Facility for men.

Literally going to jail. Actual jail. Because they don't know what to do about my junk.Avery Edison

Please keep Toronto Airport customs/immigration officials in your thoughts, as this is apparently their first time meeting a trans person.Avery Edison

Though Ontario's human rights code was rewritten in 2012 to prevent discrimination against transgender people, the rules governing sex-segregated institutions have not kept pace. The Ontario Human Rights Commission's website says the Ministry of Correctional Services has "no written policy to address... pre-operative male to female transsexuals." It states:

unless full sex reassignment surgery has been undertaken, the individual will be placed in a facility according to his or her birth-assigned gender in a segregated area.ohrc.on.ca



Sugden described her attempt to explain the situation to prison officials as a "fruitless experience." Edison has legally been a woman since 2009, but Sugden explained that it was not recognized:

“They refused to refer to Avery as anything but ‘he’ or ‘him.’ They told me because ‘his’ genitals were male, ‘he’ would be in a men’s prison. That was Ontario law.”torontosun.com

During Edison's time at the male facility she was held in solitary confinement for her own safety . Though prison officials were noncompliant with Sugden's demands to have her partner transferred, Twitter users rallied in support of Edison and the transgender community:

She is a woman. Her passport agrees. She should not be in men's prison. Not a difficult concept. http://t.co/aVF9VTu211 #cdnpoli #FreeAveryAllison Sparling

Not only is it dehumanizing to misgender someone, but you've put her at risk of violence. Great job, justice system. #FreeAveryThe Polyamorist

Requiring genital surgery in exchange for legal protections is violence, and specifically torture. http://t.co/LLVNADbjsl #FreeAveryaims &c

Tweets and retweets permeated the platform, which led to Edison's story reaching lawyers, media and politicians.

@LadyJaya working on getting an immediate transfer for Avery, then a policy change so that trans rights are respected by CBSA in detention.Randall Garrison

On Tuesday night, Sugden learned of her partner's transfer to a women's jail. In an interview with the Toronto Sun, she said she believes it was not an isolated incident:

“I imagine a lot of trans people have similar experiences. Canada is just better than that.”torontosun.com

She also tweeted the results of Edison's trial:

.@aedison Avery will be flown home to UK tomorrow night, w/ no exclusionary notice that would prevent her from visiting Canada in the futurerahrah

.@aedison Apart from being able to take her home & let the visit proceed as planned, this is the best possible outcome. I'm thrilled.rahrah

.@aedison Now this is over, next goal is making sure this can never happen again to any other trans men or women. #FreeAvery #AverysFreerahrah

What do you think about Avery Edison's experiences? Share your thoughts in the comments below.