The federal government has acknowledged that trans-identifying male inmates faced sexual-assault charges following complaints from female prisoners, while defending the policy that allows inmates to be transferred to women’s institutions based on gender identity.
The admissions are contained in Ottawa’s Statement of Defence responding to a constitutional challenge filed by Canadian Women’s Sex-Based Rights, or CAWSBAR.
According to the Justice Centre for Constitutional Freedoms, which is funding the challenge, the government confirmed that an inmate identified as S/M was charged with one count of sexual assault and one count of criminal harassment in May 2020 after a female inmate complained.
Ottawa also confirmed that another inmate, identified as KF/R, was charged with two counts of sexual assault after a complaint from a female prisoner in October 2024.
Charges have not been proven in court.
The government’s defence acknowledges other complaints involving trans-identifying male inmates in women’s facilities. They include a 2018 complaint that led to a police investigation but no charges, a 2021 complaint alleging sexual and physical assault at Fraser Valley Institution and a 2019 sexual-assault report at Okimaw Ohci Healing Lodge.
Despite those incidents, Ottawa “wholly denies that any alleged harm to inmates housed in women’s institutions flowed from the implementation” of Correctional Service Canada’s gender policy.
The government argues that individualized assessments and institutional safeguards provide an appropriate framework for managing risks.
CAWSBAR launched the constitutional challenge in April 2025, alleging that permitting biological male inmates to be housed in women’s prisons exposes female prisoners to physical and psychological harm and violates their Charter right to life, liberty and security of the person.
“Female inmates are being exposed to real risks and real harm,” constitutional lawyer Chris Fleury said. “This case is about protecting their safety, dignity and constitutional rights.”
Correctional Service Canada introduced its current gender-diverse-offender policy in May 2022.
In May 2026, the Federal Court rejected Ottawa’s attempt to strike the lawsuit and granted CAWSBAR public-interest standing. The federal government is now asking the court to dismiss the challenge with costs.
Hellbound and Down 