OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that the federal government has filed its Statement of Defence in an ongoing constitutional challenge to its policy permitting trans-identifying male inmates to be transferred to women’s prisons. The document reveals that trans-identifying male inmates have already faced sexual-assault charges following complaints by female inmates, even as Ottawa denies that its policy violates female inmates’ Charter right to life, liberty, and security of the person (section 7).
Lawyers funded by the Justice Centre launched the constitutional challenge in April 2025 on behalf of Canadian Women’s Sex-Based Rights (CAWSBAR). The lawsuit challenges Correctional Service Canada’s Commissioner’s Directive 100: Gender Diverse Offenders, arguing that allowing trans-identifying male inmates to be housed in women’s prisons exposes female inmates to physical and psychological harm and violates their Charter rights.
In its Defence, the federal government confirms that an inmate identified as S/M was charged with one count of sexual assault and one count of criminal harassment in May 2020 after a female inmate filed a complaint. The government also confirms that another inmate, identified as KF/R, was charged with two counts of sexual assault after a female inmate filed a complaint in October 2024.
The Defence acknowledges other sexual-assault complaints involving trans-identifying male inmates in women’s institutions. These include a 2018 complaint that prompted a police investigation but no charges, a 2021 complaint of sexual and physical assault at Fraser Valley Institution, and a 2019 report of sexual assault at Okimaw Ohci Healing Lodge.
Despite acknowledging these complaints and charges, the federal government “wholly denies that any alleged harm to inmates housed in women’s institutions flowed from the implementation of CD 100.” Ottawa maintains that its individualized assessment process and other safeguards provide an appropriate framework for managing risks.
Constitutional lawyer Chris Fleury said, “The government’s own Defence shows that female inmates have made serious complaints about what has happened to them in women’s prisons, including complaints that resulted in sexual-assault charges.”
“Female inmates are being exposed to real risks and real harm. This case is about protecting their safety, dignity, and constitutional rights,” he added.
Correctional Service Canada introduced its current gender policy in May 2022.
In May 2026, the Federal Court rejected the government’s attempt to strike the lawsuit and granted CAWSBAR public interest standing, allowing the constitutional challenge to proceed. The federal government is now asking the Court to dismiss the claim with costs.
The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
