Transgender Albertan says tribunal ruling will lead to justice for LGBTQ2S+ community

Marni Panas, an LGBTQ2S+ advocate, is shown in an undated handout photo. THE CANADIAN PRESS/HO, Edmonton Global Women of Vision, Marni Panas

EDMONTON — Alberta’s human rights tribunal has dismissed a gender discrimination complaint against an Edmonton 911 operator, but the LGBTQ2S+ advocate who lodged it expects the ruling will lead to justice for others.

Marni Panas, a transgender woman, filed the complaint against the Edmonton Police Service in 2019 after she called 911 to ask for a welfare check on her friend, who hadn’t contacted her after a date. Dispatchers misgendered her, and one assumed her friend was a sex worker.

The tribunal ruled that dispatchers did not mean to misgender Panas, but did find that discrimination occurred.

In an interview Tuesday, Panas said even though the tribunal didn’t decide in her favour, she got the outcome she wanted.

“Some judge or lawyer in the future will read into parts of the decision that will lead to real change and justice for somebody else,” she said.

“That is the outcome. That’s why it was important to have a decision.”

The tribunal’s decision, published last week, found the actions of the 911 operator were hurtful and seemed to “callously” disregard and minimize Panas’s concerns.

Human rights commissioner Sandra Badejo wrote the operator took “appropriate steps” to process Panas’s call but “did not behave appropriately towards the complainant.”

The decision says Panas twice called police in April 2019 after her friend didn’t check in with her after a date. For safety, the pair had an arrangement to do so if the friend hadn’t called Panas by a set time, the tribunal said.

During the initial call, an operator referred to Panas as “sir” three times, including once after being corrected. He apologized and called Panas “ma’am” before transferring her to the non-emergency line.

After sharing her concerns, a second operator said they might be “jumping the gun,” as there was nothing to suggest her friend was in harm’s way. Panas agreed, but was still concerned for her friend’s safety since she is also transgender.

“They shouldn’t be in that profession now, should they?” the operator said. “You just said since they’re not contacting you, they’re in harm’s way. So, they are meeting with a client for something? Maybe they shouldn’t be meeting with these people.”

The operator also referred to Panas as “sir” three times and as “buddy” twice, even after she corrected him. A letter later sent to her by Edmonton police also addressed her as “Mr.” and “sir.”

Testifying at a tribunal hearing, the operator said he asked Panas standardized questions that don’t prompt operators to ask how callers want to be addressed. He then asked her “freelance questions” that went against protocol.

“In response to the complainant’s comments that (the operator) was misgendering her, (he) suggested to the complainant that she was very sensitive to a word,” the tribunal said.

During the hearing, he said he has since received training regarding asking callers how they wish to be addressed and that he “did not intend to disrespect the complainant.”

Panas, who has previously worked with the force’s sexual gender minority liaison committee, said it would have been easier to do nothing, but she wanted to advocate for others who can’t do so themselves.

She added that Edmonton police must be held to a high standard since they are the only 911 operators in the city.

“My hope has always been that someone will not have to experience what I did,” she said.

“Our community won here. The decision was very clear on the discrimination, and that was the most important piece to me.”

The Edmonton Police Service said in a statement Tuesday that it regrets the hurt that was caused.

It said it was pleased with the tribunal’s decision and its acknowledgment that the service has taken the appropriate steps to ensure nothing similar happens again.

“These steps include the implementation, review and revision of EPS’ bias awareness policy and training, and the development of a robust inclusive language guide that now serves as a model for other police organizations across Canada. Additionally, the EPS continues to actively liaise with the 2SLGBTQI+ community and has since implemented a new 2SLGBTQI+ training module for all recruits,” wrote spokeswoman Carolin Maran.

“Going forward, the EPS remains committed to providing inclusive service to all Edmontonians, and will continue to engage with, learn from and review its bias awareness policies and training with affected communities, updating them as needed.”

This report by The Canadian Press was first published Jan. 15, 2025.

Aaron Sousa, The Canadian Press