A legal fight over Ottawa’s prison placement policy is heading to Federal Court after advocacy group Canadian Women’s Sex-Based Rights filed materials seeking to challenge rules that allow biological men to be housed in women’s federal prisons.The Justice Centre for Constitutional Freedoms announced a motion record has been filed on behalf of CAWSBAR, a national non-partisan organization advocating for sex-based protections for women and girls. The group is asking the court for public interest standing, arguing female inmates most directly affected face serious barriers to bringing claims on their own.If granted standing, CAWSBAR would be permitted to advance a constitutional challenge to the federal policy that allows male inmates who identify as female to be placed in women’s institutions. The federal government has responded with its own motion, seeking to strike the claim on the grounds it discloses no reasonable cause of action and amounts to an abuse of process.Both sides have now submitted motion materials, setting the stage for a hearing that will determine whether the case proceeds..CAWSBAR’s request is supported by an affidavit from board member Heather Mason, which outlines what the group describes as real and documented harms. The affidavit states that female inmates have been sexually assaulted by trans-identifying male inmates, including those with and without male genitalia, and describes incidents of sexual harassment, physical violence, and lasting psychological trauma.The materials also argue incarcerated women are effectively unable to launch legal challenges themselves due to fear of retaliation and the realities of imprisonment, making public interest standing necessary.According to the filing, at least one trans-identified male inmate convicted of violent sexual offences against an infant was housed in or near a mother-child program at a women’s prison, causing significant fear and psychological harm and raising concerns about child safety.Constitutional lawyer Chris Fleury said the case raises fundamental issues of safety and equality behind bars.“No woman should be at risk of abuse or violence at the hands of a man while serving a sentence in a federal institution,” Fleury said. He added that granting CAWSBAR standing would allow women who cannot safely speak for themselves to have their concerns heard in court.The Federal Court hearing on the competing motions is scheduled for Tuesday, March 3.
