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Transsexuals given choice on search
May 25, 2006. 01:00 AM
BOB MITCHELL
STAFF REPORTER
Transsexuals facing a strip search by Peel Region police should be allowed to choose the gender of the officer conducting the search, the Human Rights Commission has ruled.
Peel police have also been ordered to produce a training video on transsexuality after the commission ruled the force violated the rights of a person undergoing a sex change.
The May 16 ruling follows a complaint filed by a man who was planning to become a woman. The complainant allegedly asked repeatedly to have a female officer conduct the search.
The complainant was strip-searched in several incidents dating back to 2000 and 2001 and each time the request was denied. Peel police wouldn't say why the person was detained.
"This precedent-setting decision recognizes that transsexual individuals are full and equal members of society who must be accorded respect, dignity and freedom from discrimination," said Human Rights chief commissioner Barbara Hall.
Privacy laws protect the name and age of the person who filed the complaint but commission spokesman Jeff Poirier said all charges against the complainant were eventually withdrawn.
"The case has been before the tribunal for 28 months," he said.
Peel's policy at the time required a male officer to be involved in the search because the complainant had not yet had sex-change surgery.
As well, the tribunal ruled that all future strip searches must be authorized by the officer in charge.