Human Rights Tribunal rejects Surrey inmate’s sex discrimination complaint

Human Rights Tribunal rejects Surrey inmate’s sex discrimination complaint

Kevin Scott Miller’s discrimination claim based on mental and physical disability is still in play

A Surrey Pretrial inmate who launched a human rights complaint claiming discrimination based on mental and physical disability has been unsuccessful in his attempt to add gender discrimination to the list.

Kevin Scott Miller lodged a complaint with the British Columbia Human Rights Tribunal against Surrey Pretrial, Chiron Health Services and the Provincial Health Services Authority alleging his incarcerators failed to “reasonably accommodate” his physical disability by providing him with a second mattress, a drug-free pain management solution and timely and sufficient mental health services.

READ ALSO: Surrey Pretrial inmate lodges human rights complaint for not being fed kosher food

READ ALSO: Transgender inmate makes human rights complaint against Surrey Pretrial

He sought to amend his complaint to add the ground of sex to his list, after learning about a policy through which women are provided with certain mental health services not made available to men.

Tribunal member Emily Ohler rejected his amendment bid, arguing that adding this new ground of complaint would be “shifting the goalposts in a way that would be unfair to the respondents at this stage.

“Mr. Miller is at liberty to file a separate complaint with these allegations subject to the time limits set out in the Code,” Ohler wrote in her reasons for decision issued July 3.

“In the light of the whole of the procedural history on this file and the nature of the amendment sought by Mr. Miller, I am of the view that it would be procedurally unfair to allow the amendment which significantly broadens the scope of the complaint.”

Miller’s other claims have not yet been proven or disproven before the tribunal.

This is the third human rights complaint launched by inmates against Surrey Pretrial in recent months. Aside of Miller’s complaint, another inmate claimed the denial of her request for a kosher diet violated Section 8 of the Human Rights Code. Also, a transgender inmate claimed discrimination for being housed in a “male facility.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Guns and other items seized by Surrey Gang Enforcement Team (SGET) during a vehicle stop in Newton on Saturday, April 17. (submitted photo: Surrey RCMP)
Drugs, guns seized during vehicle stop in Surrey

Police say officers found ‘multiple baggies’ of suspected fentanyl, meth

The Surrey Board of Trade has launched a new ‘Say Yes to the Vaccine’ campaign. (File photo)
Surrey Board of Trade launches campaign to promote COVID-19 vaccination

Vaccinations are the only solution to re-opening the econony, says board

The volume of visitors to White Rock’s Marine Drive over the weekend has led council to consider special measures this week. (Aaron Hinks photo)
White Rock council rejects resident-only parking for waterfront

Other health and safety measures to be considered in a special meeting Wednesday

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Vehicles line up for the Greater Vancouver Drive-Thru Food Truck Festival at the Chilliwack Coliseum parking lot on March 27. The touring event comes to Cloverdale this weekend, April 24-25 (Photo: Jenna Hauck/Chilliwack Progress)
Here are the food trucks coming to Cloverdale for a drive-thru festival this weekend

Nine trucks will be parked Saturday, nine Sunday during event at fairgrounds

FILE – NDP Leader John Horgan, right, and local candidate Mike Farnworth greet one another with an elbow bump during a campaign stop in Coquitlam, B.C., on Friday, September 25, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. won’t be using random individual road stops to enforce travel rules: Safety Minister

Minister Mike Farnworth says travel checks only being considered at major highway junctions, ferry ports

FILE – Health-care workers wave to people clapping and yelling thank you to the frontline workers during the 7 p.m.-tribute outside the Lions Gate Hospital in North Vancouver, B.C. Wednesday, April 8, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. nurses issue plea for all to follow health orders as hospitalizations spike

Nurses worried about strain COVID-19 is having on hospital capacity, care

University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. The University of Victoria says Williams has resigned effective immediately. (THE CANADIAN PRESS/Chad Hipolito)
University of Victoria women’s rowing coach resigns by mutual agreement

Lawsuit filed last summer accused Barney Williams of verbal abuse

Former B.C. premier Christy Clark. (Black Press Media files)
Former B.C. premier to testify at money laundering hearing today

Attorney General David Eby has been added to the witness list as well

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. to table budget that’s expected to deal with COVID-19 pandemic and beyond

Robinson released a fiscal update last December that said the impact of the pandemic on B.C.’s economy was uncertain

A man has died after being shot at Coquitlam’s Town Centre Park the evening of Monday, April 19. (Twitter/IHIT)
1 man dead after shooting at Coquitlam park: IHIT

The gunman is still at large, according to the Integrated Homicide Investigation Team

Paramedic Matthew Schlatter of Victoria is living a fuller life today due to the double lung transplant he received in 2019. He encourages B.C. residents to register as an organ donor and let their families know their wishes. (Instagram/Matthew Schlatter)
B.C. man living a full, active life after double-lung transplant

Matt Schlatter encourages people to register as an organ donor to help others live

Most Read