Canada's Supreme Count has allowed the constitutional challeneg around men in women's prison's to go ahead.
Federal Court delivers major procedural wins for women
The Justice Centre for Constitutional Freedoms announces that the Federal Court has dismissed the Federal Government’s motion to strike a constitutional challenge brought by Canadian Women’s Sex-Based Rights (CAWSBAR) and has also granted CAWSBAR public interest standing to proceed with the case on behalf of federally incarcerated women.
The constitutional challenge concerns Correctional Service Canada’s Commissioner’s Directive 100: Gender Diverse Offenders, which permits the transfer of trans-identifying male inmates into women’s federal prisons. Lawyers funded by the Justice Centre filed the claim on behalf of CAWSBAR in April 2025.
In the ruling released on May 14, 2026, Associate Judge Catharine Moore dismissed the federal government’s motion to strike the constitutional challenge. The Crown had argued that the claim allegedly lacked sufficient material facts and disclosed no reasonable cause of action. The Court rejected those arguments, finding that the claim properly raises alleged violations of sections 7, 12, and 15 of the Charter as well as provisions of the Canadian Bill of Rights. Sections 7, 12, and 15 protect the rights to life, liberty, and security of the person; freedom from cruel and unusual treatment or punishment; and equality before and under the law. The Court further concluded that it was not “plain and obvious” that the claim could not succeed.
I feel this could be the beginning of some push back on these issues in Canada, especially once people start to realise what is going on in prisons. Still a long way to go but so far there is almost no awareness.