Lawyers for the Justice Centre for Constitutional Freedoms have filed a motion seeking public interest standing for Canadian Women’s Sex-Based Rights (CAWSBAR) to challenge the federal government’s policy of placing trans-identifying male inmates in women’s prisons.The move would allow CAWSBAR to pursue a constitutional challenge on behalf of incarcerated women who may feel unsafe raising the issue themselves, fearing institutional repercussions or impacts on their parole.“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.”The lawsuit targets Correctional Service Canada’s Directive 100: Gender Diverse Offenders, which permits the placement of trans-identifying male inmates in women’s correctional facilities even if no surgery has occurred. CAWSBAR argues the practice violates the Charter rights of female inmates, including their right to life, liberty and security of the person, their right not to be subjected to cruel and unusual treatment, and their equality as women. The claim also relies on section 28 of the Charter, which guarantees that all Charter freedoms apply equally to men and women.Further updates on the case are expected in early 2026.
