Transgender Rights Complaint Against Police Sparks Legal Battle

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A transgender individual residing in St. Catharines has lodged a complaint with the Human Rights Tribunal of Ontario (HRTO) after recording police officers requesting her “deadname.” The incident took place on December 17, 2023, at the St. Catharines bus terminal, where Sabrina Hill was filming a video. The interaction between Hill and Const. Ashley Del Duca of the Niagara regional police was documented in the video.

During the encounter, Del Duca inquired about Hill’s “deadname,” leading to confusion from Hill who questioned the term. Hill expressed that the officers demanded her identification and to cease filming, which she declined, citing a lack of necessity to disclose her identity and a lack of trust in the police.

The term “deadname” is used by some to refer to a person’s previous name, typically their birth name, but it is not universally accepted among transgender individuals. Hill perceived the officer’s request for her “deadname” as an attempt to discredit her transgender identity and belittle her.

Following the incident, both the Niagara Regional Police Service (NRPS) and Del Duca have responded to the complaint. Hill, who filed her complaint with the HRTO on January 15, 2024, expressed concerns about the legal process being biased against complainants. Despite being a licensed paralegal, Hill faced challenges finding legal representation to contest the police’s actions.

Hill emphasized the importance of better training for law enforcement regarding interactions with the LGBTQ+ community. She is seeking $30,546 in compensation for the distress and humiliation she experienced during the encounter, along with lost wages. The NRPS indicated that their solicitor is managing the case, with no estimate provided on legal expenses.

Veronica Spada from Tribunals Ontario highlighted the accessible nature of the human rights process, aiming to support applicants without legal representation. However, Johanna Macdonald from The 519 mentioned the emotional toll on victims representing themselves in such cases, especially against powerful entities like the police.

Macdonald stressed the necessity of legal aid for marginalized communities, particularly queer and transgender individuals who face financial constraints and barriers to justice. She called for increased investment in legal support services to ensure equal access to justice for all members of society.

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