No to transfers of men to women's prisons in Canada

The Treasury Board of Canada Secretariat's policy “Modernizing Government Practices with Respect to Sex- and Gender-Related Information”[1] makes it clear that putting Bill C-16 into practice is problematic. It calls on departments and agencies to :

"limit themselves by default to the collection or display of gender information, unless information related to biological sex is actually necessary" (…) “Departments and agencies should only exceptionally collect information relating to biological sex, when such information is required to meet the specific needs of the programs or services concerned (for example, for health-related purposes or to record vital statistics or demographic data).”

In line with this directive, the Correctional Service of Canada (CSC) has modified its internal policies, notably with the implementation of Correctional Operations Policy 100 (COP 100), which allows inmates to declare their gender identity and be transferred to institutions corresponding to that identity, without the need for judicial intervention or in-depth risk assessment.

This directive appears to be in clear conflict with the United Nations minimum rules for the treatment of prisoners, which require that different categories of inmates be placed in separate facilities or parts of facilities according to their gender. It thus jeopardizes the safety of female prisoners in Canada.

The recent case of Mohamed Al Ballouz, a convicted murderer from Quebec who is seeking to be transferred to a women's prison after declaring his identity as a woman, is a perfect illustration of the excesses of this policy. Such a decision endangers incarcerated women, who are often themselves victims of violence and vulnerable, by exposing them to increased risk of physical or sexual assault.

This situation reflects a systemic problem: the Canadian government has not sufficiently taken into account the impact of Bill C-16 and related policies on women's safety, particularly in prisons.

Our demands are clear:

1. Immediately end all transfers of biological men to women's prisons.
2. Revise current CSC policies to include rigorous risk assessments and ensure that incarcerated women are not exposed to situations that put their safety at risk.
3. Create special units for transgender people. These units would enable transgender inmates to serve their sentences in a respectful and safe environment, while guaranteeing the safety of other inmates.

This solution strikes a balance between respecting the rights of transgender people and protecting women.

Legal bases to be revised:

• Bill C-16, while designed to promote inclusion and protection, has been applied in the prison system without adequate consultation with affected parties, including women's rights groups.
• Section 19 of the Corrections and Conditional Release Act, which gives CSC wide discretion in assigning inmates, has been interpreted to allow transfers on the basis of simple self-identification.

These policies and laws, while established with laudable intentions, neglect the concrete risks faced by women in correctional facilities.

The Canadian Charter of Rights and Freedoms and the Quebec Charter of Rights and Freedoms protect the equality of men and women. It is based on gender that women have won the right to equality, here and around the world. The 1948 Universal Declaration of Human Rights affirms the principle of non-discrimination and proclaims that all human beings are born free and equal in dignity and rights, without distinction as to sex. Furthermore, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) clearly states that any distinction or restriction made based on sex constitutes discrimination.

Thus, SCC's policy seems to contravene women's right to equality by invisibilizing women (based on sex) in favor of gender. This raises a fundamental question: how can we ensure women's equality if they no longer exist as a distinct legal category?

The rights of transgender people must be respected, but not at the expense of women's safety and dignity. It is imperative that the government ensures a balance between these rights and the protection of all individuals in the prison environment.

We urge Canada's Minister of Justice and Quebec's Minister of Justice to intervene to revise these policies and correct their harmful effects.

Sign to protect women in prison and demand immediate legislative change!