(LifeSiteNews) — The Justice Centre for Constitutional Freedoms (JCCF) has filed a motion on behalf of the women’s rights group Canadian Women’s Sex-Based Rights (CAWSBAR) challenging the Liberal government’s policy of permitting trans-identifying men to be incarcerated in female prisons due to the risk of harm to female inmates.
“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 JCCF stated in a December 8 press release.
“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.”
The underlying lawsuit challenges Correctional Service Canada’s “Directive 100: Gender Diverse Offenders,” which permits trans-identifying male criminals to be put into women’s prisons, and which CAWSBAR argues 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.”
If the motion is granted, CAWSBAR will gain the public interest standing 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,” JCCF stated. The motion will be heard on March 3, 2026.
“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,” said constitutional lawyer Chris Fleury. “Granting standing to CAWSBAR will give a voice to women who have been silenced by a fear of reprisal.”
There have been many documented instances of harm perpetrated against female inmates in Canadian prisons, including:
As LifeSiteNews reported in 2023, nearly half of gender-confused male inmates are in prison for sex crimes, which dramatically heightens the risk to women when they are transferred to female facilities. Despite this, Correctional Service Canada defended the policy of placing trans-identifying males in female prisons in a statement to the National Post:
CSC effectively manages prison populations by ensuring that all offenders, including those with diverse gender identities, are in an environment that meets their security requirements, correctional programs and spiritual and cultural needs, thereby contributing to their safe rehabilitation and reintegration into the community.
If overriding health or safety concerns are identified and cannot be effectively mitigated, the placement request may be denied. In such cases, alternative measures are implemented to support the person’s gender-related needs where they reside.
Conservative Party leader Pierre Poilievre has spoken out against the practice of putting trans-identifying men in women’s prisons, stating in response to the news that a murderer had requested incarceration in a female facility last December that, “I can’t believe I have to say this: but when I’m PM, there will be no male prisoners in female jails. Period.”
Poilievre reiterated his stance in September, after a registered child sex offender claimed to be transgender: “Appalling. Now, this vile male monster charged with violently sexually assaulting a 3 year old girl wants to be transferred to a women’s prison. Lock him up. Throw away the key. And ban biological men from women’s prisons. Period.”
