TORONTO, ON: The Justice Centre for Constitutional Freedoms announces that a motion record has now been filed at the Federal Court in a significant case challenging a federal government policy that allows men to be placed in women’s prisons.
Canadian Women’s Sex-Based Rights (CAWSBAR), a national non-partisan organization that advocates for the sex-based rights and protections of women and girls across Canada, is asking the Federal Court to grant it public interest standing. This would allow CAWSBAR to proceed with a constitutional challenge on behalf of female inmates directly affected by the federal policy permitting biological male inmates to be housed in women’s prisons, but who face serious barriers to bringing legal claims themselves.
Both parties have now filed motion materials. An upcoming hearing will address CAWSBAR’s request to bring the case in the public interest, as well as the government’s motion to strike the claim on the basis that it allegedly discloses no reasonable cause of action and constitutes an abuse of process.
The motion for public interest standing is supported by an affidavit from CAWSBAR board member Heather Mason describing harms that are neither abstract nor hypothetical.
It states that “Female Inmates have been sexually assaulted by Trans-identifying Male Inmates both with and without male genitalia,” and details incidents of sexual harassment, physical assault, and psychological trauma resulting from these placements. The filing also states that, due to incarceration and fear of retaliation, “it is difficult or impossible for an individual Female Inmate to bring such a proceeding.”
According to the claim, “at least one Trans-Identified Male Inmate who has convictions for violent sexual offences involving an infant was housed in or near the Mother-Child Program in a Women’s Prison,” causing serious psychological harm and fear for children’s safety.
Constitutional lawyer Chris Fleury said, “No woman should be at risk of abuse or violence at the hands of a man while they are serving a sentence in a federal institution.”
“Granting standing to CAWSBAR will give a voice to women who have been silenced by a fear of reprisal,” he added.
The next hearing date in this matter is scheduled for Tuesday, March 3, 2026.
