Canada’s federal government has acknowledged that trans-identifying male inmates transferred to women’s prisons later faced sexual-assault charges involving female prisoners, even as Ottawa continues to defend its gender-identity prison policy.
The admissions appear in the government’s Statement of Defense responding to a constitutional challenge brought by Canadian Women’s Sex-Based Rights, or CAWSBAR.
According to the filing, one inmate identified as S/M was charged in May 2020 with sexual assault and criminal harassment following a complaint from a female prisoner. Another inmate, KF/R, was charged with two counts of sexual assault after a female inmate complained in October 2024. The charges have not been proven in court.
The government also acknowledged several other complaints involving trans-identifying male prisoners in women’s institutions, including allegations of sexual and physical assault.
CAWSBAR filed its constitutional challenge in April 2025, arguing that placing biological males in women’s prisons puts female inmates at risk and violates their Charter rights to life, liberty, and security.
Correctional Service Canada introduced its current gender-diverse offender policy in 2022. In May 2026, the Federal Court rejected Ottawa’s attempt to have the lawsuit dismissed, allowing the challenge to proceed.
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