Imagine yourself as a 25-year-old woman travelling to Canada to see your girlfriend. Imagine the excitement of seeing someone you love for the first time in a while. Imagine forgetting you’re travelling with a previously expired visa. Now imagine not only being detained by the Canada Border Services, but then being sent to a prison for men.
Unfortunately for Avery Edision this scenario was all too real. Avery, who currently resides in London, England, previously lived in Canada but stayed six months after her visa had expired. Upon arrival at Pearson Airport she would then start a daunting bureaucratic battle between her and customs.
Avery is a transgendered woman, meaning she was assigned as male at birth. She is now legally female.
When she was not authorized to enter Canada she was given two choices, book a flight back to London immediately or be detained for an inadmissibility hearing. Because she lacked the funds to purchase a ticket right then she opted for the latter. What follows is an arduous battle for her basic humans rights. But she was not silent as she took to twitter to express her frustrations and prompted swift outrage with LGBT activists, politicians and even regular citizens.
“This is 100% my fault, but it still sucks.” Avery tweets
After six hours in an immigration waiting room Avery was informed that she would be transferred to the immigration detention centre, and under solitary confinement due to her preoperative status.
Meanwhile the officer in charge of her case decided to see Avery as anything other than a man, even though Avery’s passport says female on it. After her overnight stay in solitary confinement she was to be sent to women’s correctional facility in Milton, Ontario. Before she could be assigned a cell Avery was assessed by a nurse who declared that Avery needed to be sent to a men’s correctional facility because she had “male genitalia.” She chose to ignore her status as female in place of arbitrary biological signifiers.
This is when Avery lost her ability to live tweet her progress but her girlfriend, Romy Sudgen, took over and urged an answer from authorities as to why Avery was being held in a men’s facility. But was told that it was because “male genitals equals male prison and it doesn’t matter.”
It doesn’t matter Sudgen was horrified to discover as her terrified girlfriend was the only female inside a male prison.
Activists, politicians and supporters from around the globe also urged response from authorities with the hashtag #freeAvery.
This is not the first time a transgendered person has been persecuted by Canadian authorities and unfortunately it won’t be the last. In 2012 NDP MPP and LGBT supporter, Cherri DiNovo, battled Ontario legislature for an amendment to the Human Rights Code to include gender expression and identity. Her battle paid off as it was approved and introduced.
Toby’s Act, or Bill-33, was an amendment to categorize protections for trans* people, mimicking protections that already exist for much of the queer community. The passage of this bill marked a change to how trans* people are to be treated equal and introduced into mainstream society. This bill was critical for DiNovo and LGBT supporters because trans* people face the highest rates of suicide and poverty of any marginal group. This bill also comes on the heels of Bill-13, which is the anti-bullying law that works toward including gay-straight alliances in all Ontario schools.
It’s baffling to think that these laws were not executed in the case of Avery Edison and that she was instead treated inhumanely simply because she doesn’t fit into the stereotyped image of what “makes a woman a woman.” The idea of a women being subjected to the harsh realities of a men’s prison is a terrifying image. And all the more inhumane considering it was all over a visa related issue. Avery is not a criminal; she just overstayed her welcome in Canada years prior.
Since the ordeal Avery said “I feel very lucky I had so much support-both online and from my friends and partner-because without it I fear I may still be in detention, or may have faced an exclusion order. It feels like both a failure and a success to be home, and I’m sad that I didn’t get to visit my girlfriend and other friends in Toronto, but happy to have my freedom again.”
No real response has come from authorities or the government but a spokesperson with the border agency went on to say, “Classification recommendations and decisions are made on a case-by-case basis and are based on factual and objective criteria.” Clearly reinforcing a failure by authorities considering that law classifies Avery as female.
Avery has since been sent back to London without seeing her girlfriend. And one would hope she never again has to be subjected to such a human rights violation again. Or that Toby’s Act would not be in vain and countless other trans* related human rights offenses would be prevented. #freeAvery
institutions worldwide are increasingly recognizing the need for critical changes to address human rights issues. Similar to the specialized ward in a San Diego jail for LGBTQ+ inmates, which fosters a safer environment and acknowledges their unique needs, more places must adopt inclusive practices. This shift is crucial for ensuring that all individuals, regardless of their gender identity or background, receive fair and humane treatment. For instance, the ordeal of Avery Edison, a transgender woman wrongfully detained in a men’s prison, underscores the urgent need for reform in how institutions handle such cases. Read more about Avery’s experience here.
