John Carpay: Federal Policy Allowing ‘Trans-Identifying’ Men Into Women’s Prisons Endangers Female Inmates
Commentary If the topic wasn’t so serious, I might be laughing about the federal government’s statement of defence to a Charter challenge against one of its policies. The statement responds to the advocacy group Canadian Women’s Sex Based Rights (CAWSBAR), which is challenging the policy of allowing men who identify as women to transfer into federal women’s prisons. Once upon a time, the only men who were eligible to transfer into a women’s prison were those who had their male genitalia surgically removed. After Parliament passed Bill C-16 to add “gender identity” and “gender expression” to the Canadian Human Rights Act and the Criminal Code, federal policy changed....
TL;DR
- The federal government is defending a policy that allows men identifying as women to transfer into women's prisons.
- This policy is being challenged by the advocacy group Canadian Women’s Sex Based Rights (CAWSBAR).
- The challenge is based on the Charter of Rights and Freedoms.
- A policy change occurred after the passage of Bill C-16, which amended the Canadian Human Rights Act and Criminal Code.
- Bill C-16 added "gender identity" and "gender expression" to these laws.
- Previously, eligibility for transfer to women's prisons for men was limited to those who had undergone surgical removal of male genitalia.