A transgender individual residing in St. Catharines, who recorded an encounter with police requesting her “deadname,” has lodged a complaint with the Human Rights Tribunal of Ontario (HRTO). The complaint aims to enhance police training and secure compensation. Sabrina Hill was shooting a video at the St. Catharines bus terminal on December 17, 2023, when officers from the Niagara regional police approached her, leading to an exchange between Hill and one of the officers. During the interaction, an officer, later identified as Const. Ashley Del Duca, inquired about her “deadname.” Hill, puzzled, sought clarification on the term. The officer explained that it was an attempt to show respect and then asked for Hill’s pronouns.
Hill felt pressured by the officers to cease filming and disclose her name, a request she declined. She expressed her lack of willingness to identify herself and her apprehension of law enforcement. While some transgender individuals use the term “deadname” to refer to their previous name, it is not universally accepted within the transgender community.
Hill perceived the officer’s inquiry about her “deadname” as an attempt to target her gender identity and belittle her. She emphasized that a deadname signifies more than an old name, as it is linked to deliberate misgendering, discrimination, and a denial of her identity. Hill accused the officer of attempting to embarrass her and ascertain her identity without any legal, ethical, or moral basis.
The Niagara Regional Police Service (NRPS) and Del Duca have responded to the tribunal’s complaint. The police response, obtained by CBC Hamilton, defends the officer’s actions toward Hill.
Concerned about obtaining adequate legal assistance, Hill submitted her human rights complaint on January 15, 2024. She expressed concerns about the fairness of the tribunal process, feeling disadvantaged against experienced lawyers specializing in police misconduct. Despite reaching out to numerous legal organizations, Hill struggled to secure legal representation, managing only a phone consultation for guidance through The 519, a Toronto-based 2SLGBTQ+ community center. The Human Rights Legal Support Centre has scheduled a consultation with her shortly before the mediation phase.
Johanna Macdonald, director of legal initiatives at The 519, highlighted the challenges faced by unrepresented complainants like Hill when confronted with legal arguments from seasoned lawyers. She stressed the necessity for increased government support to facilitate access to legal aid.
Colleen Elizabeth McTeague, a transgender woman and peer support group facilitator at Transgender Niagara, emphasized the distress caused by the term “deadname” for transgender individuals, considering it highly triggering. Hill is advocating for improved police training to prevent the mistreatment she experienced and is seeking $30,546 in compensation for humiliation and lost wages.
Veronica Spada, spokesperson for Tribunals Ontario, emphasized the user-friendly nature of the human rights process, designed to assist applicants without legal representation. Spada noted that Ontario’s tribunals aim to be more accessible and user-friendly compared to traditional courts. Data from April to June showed that over 80% of human rights tribunal applicants represented themselves.
Macdonald underscored the emotional toll on victims representing themselves in human rights cases, especially when challenging authoritative institutions like the police. She stressed the importance of legal counsel in navigating complex legal arguments and the necessity for support for marginalized communities to access justice effectively.
