Stay informed
Women's rights group seeks to challenge federal policy allowing trans women in female prisons
A women’s rights organization is seeking permission from the Federal Court to challenge the government’s policy allowing transgender women to be housed in female prisons, arguing that it puts women at risk of harm.
Last week, the Justice Centre for Constitutional Freedoms (JCCF) filed a motion for public interest standing on behalf of the group Canadian Women’s Sex-Based Rights (CAWSBAR).
“The motion seeks the court’s recognition that CAWSBAR is the appropriate party to advance a landmark constitutional challenge to the federal government’s practice of placing trans-identifying (biological) male inmates in women’s prisons,” says a press release from JCCF. “The lawsuit seeks to protect incarcerated women who might not feel safe challenging this policy, given the potential for institutional consequences or effects on their parole.”
The motion is to be heard on March 3, 2026.
Granting standing to CAWSBAR would “give a voice to women who have been silenced by fear of reprisal,” constitutional lawyer Chris Fleury said in a statement . The motion would allow the case to proceed even if no inmate can safely come forward to lodge a complaint.
The statement of claim, which was filed by CAWSBAR on April 7, challenges Correctional Service Canada’s (CSC) Directive 100: Gender Diverse Offenders. The policy permits biological males who self-identify as women to be placed in female institutions, regardless of whether they have undergone a surgical transition.
CAWSBAR argues that the policy violates several Charter rights, including section 7 (protection for life, liberty and security of the person), section 12 (protection against cruel and unusual treatment) and section 15 (equality rights).
The lawsuit also references section 28, which states that all Charter rights and freedoms are “guaranteed equally to male and female persons.”
In a statement, CSC defended its process for placing inmates in appropriate institutions.
“CSC effectively manages prison populations by ensuring that all offenders, including those with diverse gender identities, are in an environment that meets their security requirements, correctional programs and spiritual and cultural needs, thereby contributing to their safe rehabilitation and reintegration into the community,” CSC said.
“If overriding health or safety concerns are identified and cannot be effectively mitigated, the placement request may be denied. In such cases, alternative measures are implemented to support the person’s gender-related needs where they reside.”
A 2022 study completed by CSC found that there were 99 “gender diverse offenders” in custody between December 2017 and March 2020. Of them, 61 were transgender women, 21 were trans men and the remaining 17 were classified as “other” (gender fluid, gender non-conforming/non-binary, intersex, two-spirited, or unspecified). The report found that “federal gender diverse offenders” accounted for 0.4 per cent of the general offender population.
According to commentary based on the CSC study that was published by the Macdonald-Laurier Institute , there is “ strong empirical evidence that the adoption of self-identification policies by CSC is having a disproportionate impact on the composition of women’s prisons. One trans man was accommodated in one of the 53 federal men’s prisons. Twenty trans women were accommodated in one or more of the six CSC women’s facilities.”
CAWSBAR was established in 2019 , “to preserve the sex-based rights and protections of women and girls across Canada,” the motion states. “CAWSBAR advocates for women’s sex-based rights and protections in the context of prisons, washrooms and changing rooms, sporting competitions, and other venues traditionally reserved for biological females.” National Post columnist Amy Hamm is a member of the steering committee.
Fleury said that housing transgender women in female prisons puts biological women at risk.
“They are just allegations at this moment in speaking,” said Fleury, in an interview. “However with the evidence we anticipate bringing … results range from women being made uncomfortable while dressing and changing to extreme cases of rape and sexual assault.”
Fleury said an organization like CAWSBAR is needed to help female inmates voice their concerns.
“Inmates across the country report the harm they have suffered and what is happening inside but staying in contact with them is nearly impossible,” said Fleury. “Phones are limited, numbers need to be approved by correction officers. I believe CAWSBAR has the capacity to bring this claim, especially with assistance from Charter Advocates Canada.”
The court is not reviewing evidence at this stage, only whether CAWSBAR qualifies for public interest standing, Fleury said.
“This is a serious and justiciable issue and CAWSBAR has a genuine stake,” said Fleury. “We expect substantial evidence to emerge, including inmate testimony, expert reports and government disclosure, but none of it is before the court because the only question right now is standing.”
Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.
Comments
Be the first to comment