Government Defends Policy After Two Trans Inmates Charged with Sexual Assault in Women’s Prisons

The federal government submitted a defence to a constitutional lawsuit challenging Correctional Service Canada’s policy that permits gender-diverse inmates to be transferred to women’s facilities. The filing disclosed that two transgender prisoners housed in women’s prisons were charged with sexual-assault offences after complaints by cisgender women inmates—one in May 2020 (including a criminal harassment count) and another in October 2024 (two assault counts).

It also referenced further alleged incidents, some dismissed as false or involving other inmates, and identified 45 cisgender women reportedly affected in 59 incidents, though details for most were deemed insufficient. The lawsuit, initiated in 2025 by the Justice Centre for Constitutional Freedoms on behalf of Canadian Women’s Sex-Based Rights, argues that the policy endangers female inmates’ safety and violates Charter rights.

The government maintains that each transfer is assessed individually and denies any harm resulting from the policy. Recent court rulings have already denied a separate transfer request by a transgender inmate, reinforcing the legal scrutiny of CSC’s approach.