Decision pending in 2SLGBTQ+ advocate's human rights complaint against Edmonton police

A retired Edmonton police officer was questioned in front of the Alberta Human Rights Tribunal this week, about his handling of a call that's now the subject of a gender discrimination complaint.

The tribunal hearing concluded Thursday. Evidence was presented over several days in the last five months.

The incident that prompted the complaint occurred more than five years ago, and a decision is still to come.

"To this day I don't understand why misgendering is so problematic," David Schening, the retired officer, said during Wednesday's hearing.

Schening was working as an emergency communications officer — a civilian role with the Edmonton Police Service — on the night of April 11, 2019, when he took a call from Marni Panas. She had dialled 911 because Panas was worried her friend, who she identified to Schening as a trans woman, was in danger.

During the call, Schening made comments suggesting Panas's friend was a sex worker, which the tribunal heard wasn't the case.

Transcripts of the call presented to the tribunal show the conversation escalated. Schening misgendered Panas as "sir," and when she corrected him, he replied, "We're on the phone, buddy. How am I supposed to know that? You think I can see you?"

Panas asked whether he understood how problematic it is to assume she's a man. He replied, "Actually, no, I don't," later adding, "You're very, very sensitive to a word."

Adam Sopka, counsel to the director of the Alberta Human Rights Commission, asked Schening Wednesday whether he was aware of the concept of misgendering at the time of the call in 2019. Schening said no.

"Out of respect … we want to get the right gender, we want to deal with what we've got to deal with and move on," he said.

"I still don't appreciate why a word is so sensitive to someone. I've been called names on the street my whole career — makes this look like a child at kindergarten thing. And it's just water off my back. I don't worry about it."

Panas filed her complaint in 2020, alleging EPS violated her rights under the protected grounds of gender, gender expression and gender identity.

Schening was the second dispatcher Panas spoke to when she called 911. The first also misgendered her as "sir" three times, including once after she corrected him.

Correspondence from EPS that Panas received, after filing a freedom of information request related to the calls, subsequently referred to her again as "sir" and "Mr." Marni Panas.