TORONTO, ON: The Justice Centre for Constitutional Freedoms announces that lawyers have filed a motion for public interest standing on behalf of 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 male inmates in women’s prisons. 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.
If granted, public interest standing will confirm CAWSBAR’s ability to pursue litigation on behalf of incarcerated women who are afraid that bringing their own claim would result in institutional repercussions or prejudicing their parole review.
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.”
The underlying lawsuit challenges Correctional Service Canada’s Directive 100: Gender Diverse Offenders, which authorizes the placement of trans-identifying male inmates in women’s correctional facilities even when no surgery has occurred.
CAWSBAR argues that this practice violates the Charter rights of female inmates, including their section 7 right to life, liberty and security of the person, their section 12 right not to be subjected to cruel and unusual treatment, and their section 15 right to equality as female persons. The lawsuit also relies on section 28 of the Charter, which guarantees that all Charter freedoms apply equally to men and women.
Further updates on the case are expected in early 2026.
