Canada defends policy of housing transgender inmates in women’s prisons

The Canadian government has filed a statement of defence in response to a legal challenge regarding Correctional Service Canada’s “Directive 100: Gender Diverse Offenders.” The policy allows inmates to be housed in institutions based on their gender identity or expression rather than biological sex.

In the legal filing, the government acknowledged specific instances of sexual assault involving inmates in women’s prisons, including one case in May 2020 and another in October 2024. However, Ottawa maintains that these incidents do not prove the policy itself is at fault, arguing that the directive allows for individual risk assessments and does not result in inferior services for cisgender women.

The lawsuit was initiated by Canadian Women’s Sex-Based Rights (CAWSBAR), with legal support from the Justice Centre for Constitutional Freedoms. The plaintiffs argue that the policy violates female inmates' Charter rights, specifically regarding their right to life, liberty, security of the person, and equality. The government contends the directive is an “ameliorative policy” and does not create an unfair disadvantage for cisgender women.