Legal Challenge Against Housing Trans-Identifying Men in Women’s Prisons

April 8, 2025 TruthUSA

A national women’s group has initiated legal action against the federal government to stop the practice of housing trans-identifying male prisoners in federal prisons with female inmates.

The Justice Centre for Constitutional Freedoms (JCCF) filed a lawsuit on April 7 on behalf of Canadian Women’s Sex-Based Rights (CAWSBAR) challenging the Correctional Service of Canada commissioner’s Directive 100: Gender diverse offenders policy.

Directive 100, implemented by the Liberal government in May 2022, allows male offenders who identify as female to be placed in federal women’s prisons across Canada. This policy enables anatomically male inmates to request placement in women’s correctional facilities, with the decisions being made on a case-by-case basis as evaluated.

While Directive 100 was only enacted in 2022, the passing of Bill C-16 in June 2017 amended the Canadian Human Rights Act and the Criminal Code to acknowledge gender identity and expression as protected categories.

This change allowed “gender diverse” inmates to seek placement in correctional facilities aligned with their gender identity, which was not possible before for males who had not undergone sex reassignment surgery.

CAWSBAR asserts that Corrections Canada’s policy violates multiple sections of the Charter of Rights and Freedoms, posing a danger to women and constituting “cruel and unusual punishment.”

CAWSBAR board member and former inmate Heather Mason

said

her group chose to sue the government to safeguard vulnerable women in prison.

“We initiated this action to highlight the federal government’s failure to protect women and to raise public awareness about the cruel and unusual punishment that incarcerated women endure as a result of this transfer policy,” said Mason, a former inmate from the Grand Valley Institution for Women in Kitchener, Ont., as per a JCCF release.

Corrections Canada refrained from commenting on the lawsuit due to ongoing legal proceedings but stressed that all offenders, including those with diverse gender identities, are placed in environments tailored to their security needs.

“It is also important to note that the majority of institutional incidents, regardless of gender diverse offender sub-population, were non-violent incidents,” a Corrections Canada spokesperson stated in an email. “Concerns about bullying, violence, and sexual violence related to these incidents were found to be unfounded.”

Statement of Claim

The organization highlights instances of physical and mental harm experienced by female inmates who were forcibly housed with violent trans-identifying males. Reports cite incidents of sexual assault, harassment, beatings, stalking, and grooming.

“Female Inmates have been sexually assaulted by Trans-identifying Male Inmates both with and without male genitalia,” the statement of claim reads. “In addition to the inherent trauma and harm associated with such incidents, Female Inmates are also exposed to increased risks of pregnancy and sexually transmitted infections.”

CAWSBAR notes that many incarcerated women have prior abuse and trauma experiences, and the current policy exacerbates their distress, potentially leading to PTSD, depression, anxiety, and suicidal tendencies.

Women not directly targeted also endure “a loss of privacy and dignity knowing that a Biological Male can see them in a state of undress,” as outlined by the group.

The claim lists the differences between biological female and male offenders, emphasizing that female inmates are less likely to have been convicted of serious violent crimes, repeat offenses, or sexual offenses compared to males. Female inmates are also generally smaller and physically weaker, posing less physical risk to others.

The group points out that trans-identifying male inmates exhibit distinct preferences and characteristics from women inmates statistically, noting that most male inmates identifying as female are sexually attracted to women or both genders. The legal action references research from the Macdonald-Laurier Institute showing that over 90 percent of male transgender prisoners have been convicted of violent crimes.

Almost half of these individuals were incarcerated for homicide-related offenses, with a third imprisoned for sexual crimes, rates significantly higher than those of the general female inmate population, according to the study.

CAWSBAR argues that the current policy silences female inmates who fear their complaints may be labeled “transphobic,” jeopardizing their chances for parole.

The group urges the federal court to overturn Directive 100, stating that it compromises women’s safety and infringes on rights granted under the Charter.

Political Party Stances

Amid an ongoing election campaign in Canada, the Directive 100 policy could potentially be reconsidered under a new government.

Liberal Leader Mark Carney has not publicly addressed the issue of biological men identifying as women seeking placement in female prisons. NDP Leader Jagmeet Singh has not specifically commented on the matter of trans prisoners but has expressed his party’s commitment to trans rights and “creating a fairer justice system” in a social media post from 2021.

Conservative Leader Pierre Poilievre has previously criticized the current policy and pledged to reform it if elected under a Conservative government.

Last December, Poilievre took to social media after reports surfaced that convicted murderer Mohamad Al Ballouz was requesting placement in a women’s prison due to identifying as a woman. Al Ballouz was convicted of murdering his wife and two young sons in 2022.

“Surreal: A man who killed his wife and two kids now claims he is a woman to go to a female prison,” Poilievre stated in a Dec. 22 post. “When I’m PM, there will be no male prisoners in female jails. Period.”

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