(Pixabay photo)

(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

COVID-19. (Image courtesy CDC)
81 new cases of COVID-19 detected in Interior Health Friday

One additional staff member at Kelowna long-term care home tests positive, no new deaths

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

A laboratory technician holds a dose of a COVID-19 novel coronavirus vaccine candidate that’s ready for trial on monkeys at the National Primate Research Center of Thailand. (Mladen Antonov - AFP)
Update: Interior Health reports 66 new COVID-19 infections, 4 in ICU

570 cases are active; 18 in hospital, 4 in intensive care

A new wood chip shelter was constructed this fall to house chips for the boiler serving the North Thompson Sportsplex. The shelter was built by OTL Construction and chips will be supplied by local contractor Max Gunster. The shelter will allow a six-month stock supply of chips. From l-r: TNRD Director A Carol Schaffer, DOC Mayor Merlin Blackwell, Marshall McRae of OTL Construction and Gunster of Max Gunster Contracting. (Stephanie Hagenaars photo)
New chip shelter helps to keep energy costs low for District of Clearwater

After the Canfor mill shutdown in 2019, the District of Clearwater began… Continue reading

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Information about the number of COVID-19 cases in Abbotsford and other municipalities poses a danger to the public, the Provincial Health Services Authority says. (Photo: Tyler Olsen/Abbotsford News)
More city-level COVID-19 data would jeopardize public health, B.C. provincial health agency says

Agency refuses to release weekly COVID-19 case counts, citing privacy and public health concerns

Most Read