In historic 1st, transgender inmate wins transfer to women's prison

Canada's federal prison service has approved the first transfer of a transgender inmate to an institution based on gender identity rather than physical anatomy, CBC News has learned.

Fallon Aubee, who has been serving a life sentence at B.C.'s Mission Institution, told CBCher request to move to a women's prison has been approved, and that she will be transferred to Fraser Valley Institution for Women on Tuesday.

Aubeecalled it a "profounddecision," but said the journey to this day has been an emotional roller-coaster.

She says the move will allow her to focus more on her future and less on the problems of living as a woman in a men's institution. But she concedes the path ahead will bring its own challenges.

"I think it's going to be a huge adjustment going to the prison for women, not just for me but for the womenwho are there as well because I am pre-op so there's a stigma that's attached to 'there's a guy living here,'" she said in a telephone interview with CBC News. "I want to be able to defuse that with my character, my attitude, my generosity, so they say, 'Wait a minute, she's just one of the girls.'"

• Trans inmate hopes to make history
• Trudeaupromises human rights for trans inmates
• CSC flip-flops on transgender placement policy

Aubee said it feels "incredibly huge" to be atrailblazer, and wants to help othertransinmates who hope to go down the same path.

"Despite all the stigma, the discrimination, the harassment, the abuse, the sexual abuse, I believe it was a worthwhile journey because I can stand tall and proud today and say, I'm a woman and I'm going to be recognized as a woman and I'm going to live in a woman's prison," she said.

Trudeauprompts policy about-face

A new accommodation policy was prompted by Prime Minister JustinTrudeauearlier this year.

Canada's prison service abruptly reversed courseand adopted an interim policy fortransgenderinmates in January, just one day after Trudeaupromised to promote equality for alltransgenderCanadians, including those behind bars.

He wasasked about it at a town hall meeting in Kingston, Ont., and made the off-the-cuff pledge to address what advocates see as a human rights issue.

Trudeau asked about transgender prisoner treatment

8 years ago

Duration 2:29

While at a town hall meeting in Kingston, Ontario, PM Justin Trudeau is asked about the treatment of transgender people in the prison system.

Correctional Service Canadachanged course and said it would consider transfers and other accommodations on a case-by-case basis, replacing the strict, long-standing rule that based placement on genitaliarather than gender identity and considered transfers only after sex reassignment surgery.

Human rights policy review

CSC also launched abroader review of all itstransgenderpolicies to ensure they comply with new laws to protect the human rights of transgenderCanadians.

Spokesperson Lori Halfper said that consultations are ongoing to update policy to ensure offenders and staff members are treated according to their"self-identified gender or gender expression, regardless of their physical anatomy or the gender noted on their identification documents."

Halfper said decisions around timing of the transfer, cell assignment and interactions with other inmates will be made to ensure theyare appropriate and safe for the transferred inmate.

"Our staff will receive training, resources and updates to policies so they are properly informed and prepared to implement changes resulting from this legislation," she said. "With the updated policies we expect that, unless there are irresolvable health or safety concerns, an offender may be placed in a penitentiary that matches their gender identity."

Treated like 'junkyard dog'

Aubee was convicted of first-degree murder in 2003 in a street-gang contract killing case.

When first in brought into custody at the federal prison in Prince Albert, Sask., Aubeesaid she was held insegregation for six months after advising officials she wastransgender, in conditions that made her feel like a "junkyard dog."

Since then, it has been an uphill battle for single-cell privacy and other basics like women's clothing and toiletries.

She said she faced discrimination by other inmates and staff who were not properly trained on the needs of transgenderpeople.

Aubee carved out a niche working as a prisoners' legal rights advocate, helping on parole bids and fighting for better quality prison food. The role afforded her some protection from peers, because she provided a valued service.

• Canadians supporttransgenderrights

Last year,Ontario became the first jurisdictionin Canada to allow inmates to serve their sentences in institutions based on self-identified gender, and to be referred to by their chosen names and preferred pronouns.

At the timethe provincial government called it "the most progressive policy on the treatment of trans inmates in North America."

It's not knownhow many offenders are placed in Ontario jails based on gender identity.

British Columbia was the second province to permit placement according to gender identity.