The federal government is defending its policy allowing transgender-identifying male inmates to be housed in women’s prisons despite acknowledging cases in which female inmates made sexual assault complaints that resulted in criminal charges.The Justice Centre for Constitutional Freedoms (JCCF) said Ottawa disclosed the cases in its Statement of Defence responding to a constitutional challenge against Correctional Service Canada's policy for gender-diverse offenders.Lawyers funded by JCCF launched the case in April 2025 on behalf of Canadian Women’s Sex-Based Rights (CAWSBAR).The lawsuit challenges Correctional Service Canada’s Commissioner’s Directive 100: Gender Diverse Offenders, arguing that transferring transgender-identifying male inmates to women's prisons can expose female prisoners to physical and psychological harm and violate their Charter rights to life, liberty and security of the person.According to JCCF, the government's Defence confirms an inmate identified as S/M was charged with one count of sexual assault and one count of criminal harassment in May 2020 following a complaint from a female inmate.Ottawa also confirmed another inmate, identified as KF/R, was charged with two counts of sexual assault following a complaint by a female inmate in October 2024.The charges cited in the government's defence have not been proven in court.The filing also acknowledges other sexual assault complaints involving transgender-identifying male inmates housed in women's institutions, according to JCCF.Those include a 2018 complaint that resulted in a police investigation but no charges, a 2021 complaint alleging sexual and physical assault at Fraser Valley Institution and a 2019 report of sexual assault at Okimaw Ohci Healing Lodge.Despite acknowledging the incidents, Ottawa denies its gender policy caused harm to inmates in women's prisons.The federal government “wholly denies that any alleged harm to inmates housed in women’s institutions flowed from the implementation of CD 100,” according to its Defence..Ottawa maintains Correctional Service Canada's individualized assessment process and other safeguards provide an appropriate system for assessing and managing potential risks.Constitutional lawyer Chris Fleury said the government's own court filing demonstrates the safety concerns raised by the constitutional challenge.“The government’s own Defence shows that female inmates have made serious complaints about what has happened to them in women’s prisons, including complaints that resulted in sexual-assault charges,” said Fleury.“Female inmates are being exposed to real risks and real harm. This case is about protecting their safety, dignity, and constitutional rights,” he added.Correctional Service Canada introduced its current gender policy in May 2022.The Federal Court rejected an attempt by the federal government to have the lawsuit struck in May 2026 and granted CAWSBAR public interest standing, allowing its constitutional challenge to continue.Ottawa is now asking the Federal Court to dismiss the lawsuit and award costs against CAWSBAR.
