Alberta trans advocate seeks judicial review in 911 discrimination case

February 20, 2025 Canuck

A 2SLGBTQ+ advocate who was discriminated against by 911 dispatchers says she has applied for a judicial review of a ruling by the Alberta Human Rights Tribunal.

Marni Panas, a transgender woman, filed a complaint in 2019 after she was misgendered by dispatchers when she called to ask for a welfare check on a friend.

The tribunal found there was discrimination but dismissed the complaint, saying dispatchers didn’t mean to misgender Panas.

An application for a judicial review filed last week says the tribunal erred in not holding the police employees liable. A hearing date is to be scheduled with the Court of King’s Bench in Edmonton.

Panas said the case is a concern for equity-seeking groups who don’t feel safe calling for help.

“This isn’t about my hurt feelings. I’m fine,” she said in an interview Thursday.

“It is about the systemic issues that impede people’s participation in the police service from communities like mine and the significant trauma that I experienced when I called asking for help and was further harmed by the very people who should be there to protect me.”

Lawyer Michael DeRosenroll, who is representing Panas, said the tribunal made an “unreasonable legal conclusion” in dismissing the complaint.

“There is a strong basis for the court to overturn the decision on judicial review,” he said in a statement.

The Edmonton Police Service has said it regrets the hurt that was caused and has taken steps to ensure nothing similar happens again.

Spokesperson Carolin Maran said in an email that the service is committed to inclusivity and will review its bias awareness policies and training on an ongoing basis.

“As this matter is now before the courts, we are unable to offer any additional comment,” she said.

Panas had called 911 after a friend didn’t check in after a date. Dispatchers misgendered Panas, calling her “sir” and “buddy,” and one assumed the friend was a sex worker.

The tribunal found the actions of operators were hurtful and, while “appropriate steps” were taken to process the call, they did not behave appropriately.

During the hearing, one of the operators said he later received training about asking callers how they wish to be addressed and that he “did not intend to disrespect the complainant.”

Panas said she was confused that the tribunal dismissed the case but pleased that the discrimination was recognized.

Input from legal experts validated her confusion, she said. And she decided to ask for a review because she wants to feel that she’s done everything she can to find justice for her community, her friend and anyone who relies on police.

Her lawyer isn’t arguing the facts of the case, she added.

Panas said employers are responsible for the actions of their employees and that all people, including those in the LGBTQ+ community, deserve good service and respectful treatment.

Updated training and policies aren’t enough, she said.

“To build trust with the community, they have to be held accountable,” Panas said.

“For somebody like myself thinking, ‘Will I phone 911 again in the future if I find myself in a similar position?’ The answer is probably no, and that is a very real experience for most people in our community.”

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