Prison Safety & Security
The Crisis of Male Inmates in Women's Prisons: Why Canada Must Protect Incarcerated Women
Imagine being incarcerated—already one of the most vulnerable positions a person can be in. Now imagine that you're a woman with a history of sexual abuse by men, and you're told you must share your cell, your shower, and your most intimate moments with a biological male. You cannot refuse. You cannot leave. And if you complain, you might face punishment for being "transphobic."
This is the reality for women in Canada's federal prison system today.
Since December 2017, Correctional Service Canada (CSC) has implemented policies allowing any federal inmate to request transfer to an institution matching their self-identified gender, regardless of their biological sex, surgical status, or criminal history. While presented as a measure to protect transgender inmates from discrimination, the policy has created serious safety and dignity concerns for incarcerated women—a population that is disproportionately Indigenous, poor, and comprised of survivors of male violence.
The Policy: What Changed in 2017
On December 27, 2017, CSC implemented Interim Policy Bulletin 584, which dramatically changed how transgender inmates are housed in the federal correctional system. The policy states that transgender inmates can be placed in an institution matching their gender identity "regardless of their anatomy (sex) or gender on their identification documents, unless there are overriding health or safety concerns which cannot be resolved."
Key provisions include:
Self-identification is sufficient - No requirement for medical diagnosis, hormone therapy, or surgery
Gender identity takes priority - Anatomical sex becomes secondary consideration
No verification required - Inmates' self-declaration is accepted at face value
Limited grounds for refusal - Only "overriding health or safety concerns" that "cannot be resolved" can prevent transfer
This policy was implemented following Bill C-16's passage in June 2017, which added "gender identity or expression" to the Canadian Human Rights Act and Criminal Code hate crime provisions. While Bill C-16 itself did not mandate prison placement policies, CSC responded by aligning its practices with the new legal framework—but without explicit legislative guidance on how to balance competing rights and safety concerns.
Who is requesting transfers into women's prisons?
In May 2019, CSC's Deputy Commissioner for Women reported that half of all transfer requests from male to female federal prisons came from sex offenders — despite sex offenders making up only around 20% of the general male prison population.
The Reality: Documented Cases of Harm
The consequences of this policy are not theoretical. Multiple documented cases demonstrate the harm this policy has caused to incarcerated women:
Edmonton Institution for Women - Steve Mehlenbacher
Steve Mehlenbacher, a serial bank robber with 16 convictions who was classified as a dangerous offender, was transferred to Edmonton Institution for Women and later Grand Valley Institution for Women after declaring a transgender identity. According to testimony provided to Canada's Standing Committee on Public Safety and National Security by prison advocate Heather Mason in 2021:
Mehlenbacher was charged with sexually assaulting a female inmate in 2019 while housed in the women's prison
Female inmates reported that Mehlenbacher bragged about "get[ting] with all the women on compound"
He was observed engaging in sexual activity in the gym and bathroom
Three women required emergency contraception (the "morning after pill") after encounters with him
One inmate reported he cornered her in the laundry room making unwanted sexual advances
Prison authorities' response was to place Mehlenbacher and his sexual partner in segregation and test the woman for HIV
Grand Valley Institution - Frederick Radcliffe (Carissa Marie)
Frederick Radcliffe, serving an indeterminate sentence for violent sexual offenses, was transferred to Grand Valley Institution for Women after claiming a transgender identity. According to a March 2025 report by Reduxx:
Radcliffe sexually assaulted multiple female inmates at Grand Valley
One victim, whose roommate witnessed the assault, described his behavior as "predatory"
Multiple women filed complaints with prison authorities
Radcliffe was eventually removed from the housing unit and placed in maximum security after officials became aware of the assaults
The victim questioned why CSC placed her in this situation knowing her vulnerability as a sexual abuse survivor
Fraser Valley Institution - Adam Laboucan (Tara Desousa)
Adam Laboucan, Canada's youngest dangerous offender who was convicted of the violent sexual assault of a 3-month-old infant in 1997, was transferred to Fraser Valley Institution for Women after undergoing gender reassignment surgery and claiming a female identity. According to testimony and reports:
Laboucan was housed in a unit adjacent to the institution's Mother-Child Program
Female inmates reported he would stare through windows at children and loiter near the mother-child house
In 2018, Laboucan assaulted a female inmate who confronted him about staring at children, breaking her ribs
The assaulted woman was blamed for "instigating" the fight by calling him a pedophile
Prison authorities took no significant disciplinary action against Laboucan
The Data: Understanding the Scope
The anecdotal cases are supported by concerning data from Correctional Service Canada itself:
CSC 2022 Report - "Gender Diverse Offenders with a History of Sexual Offending":
82% of gender diverse federal inmates with a history of sexual offending are biological males who identify as transgender women
94% committed their offenses while "living as their biological sex" (i.e., before claiming a transgender identity)
85% committed offenses that caused death or serious harm to their victims
Over 50% of victims were women or children
Population Statistics:
As of 2021, approximately 8 male inmates were transferred to women's federal prisons between June 2017 and December 2018
Seven of these eight were convicted of violent crimes including murder and sexual offenses
The actual current number is unknown as CSC does not regularly publish updated figures
Context on Female Inmates:
48% of women in Canada's federal prison system are Indigenous (as of 2019)
70% of inmates at Edmonton Institution for Women are Indigenous
Indigenous women represent only 6.5% of the Canadian population, demonstrating massive over-representation
The majority of women in federal custody have histories of trauma, abuse, and victimization by men
Sexual offending rates: trans-identified males vs. general male prison population
Trans-identified males in federal custody are 2.6× more likely to have sexual assault convictions than the general male prison population — yet CSC policy allows any male prisoner to self-declare as a woman and request transfer to a women's facility.
Why This Matters: The Unique Vulnerability of Incarcerated Women
Women in prison are not simply another population affected by policy changes. They represent one of the most vulnerable groups in Canadian society:
1. They Cannot Leave Unlike women who encounter males in public bathrooms or change rooms—situations that are concerning in their own right—incarcerated women cannot walk away, choose alternative facilities, or avoid situations where they feel unsafe. They are captive.
2. They Are Disproportionately Survivors of Male Violence Research consistently shows that the majority of incarcerated women have histories of physical and sexual abuse, often at the hands of men. A 2019 study by Canada's Correctional Investigator found that women in federal custody experience mental illness at twice the rate of male inmates, often directly linked to trauma histories. Forcing these women to house with males retraumatizes them and prevents healing.
3. They Are Disproportionately Indigenous The extreme overrepresentation of Indigenous women in custody—48% nationally, 70% in some institutions—reflects the ongoing impacts of colonization, residential schools, and systemic racism. These women face intersecting vulnerabilities, and housing them with males compounds historical trauma.
4. They Cannot Advocate for Themselves Without Retaliation Female inmates who complain about male transfers risk being labeled "transphobic" and face disciplinary action. The power imbalance between inmates and authorities means women cannot safely speak up about their safety concerns.
5. The State Has a Duty of Care When the government incarcerates someone, it assumes complete responsibility for their safety and wellbeing. Women who are raped, assaulted, or intimidated while in custody are being failed by the very system meant to protect them.
Who are the victims of trans-identified male sex offenders?
Children and women are the primary targets. These categories overlap — a child victim may also be counted as female. One third of cases involved multiple victims.
The Legal Framework: What Laws Are Involved?
Federal Legislation:
Added "gender identity or expression" to Canadian Human Rights Act (Section 3)
Added "gender identity or expression" to Criminal Code hate crime provisions (Sections 318-320, 718.2)
Does NOT specifically mandate prison placement policies
Does NOT define "gender identity or expression"
Created legal environment that CSC responded to with new policies
Canadian Human Rights Act, R.S.C. 1985, c. H-6
Section 3(1): Lists prohibited grounds of discrimination including both "sex" and (since 2017) "gender identity or expression"
Does NOT provide hierarchy when these grounds conflict
Does NOT specify how to resolve situations where sex-based rights and gender identity rights are in tension
Corrections and Conditional Release Act, S.C. 1992, c. 20
Section 4: Principles guiding CSC include "respect for gender, ethnic, cultural and linguistic differences"
Does NOT specifically address transgender inmates
Does NOT mandate self-ID based placement
Gives CSC broad authority to set operational policies
Canadian Charter of Rights and Freedoms (Constitution Act, 1982)
Section 15(1): Equality rights - protects against discrimination based on "sex" (among other grounds)
Section 28: Rights guaranteed equally to "male and female persons"
Section 7: Right to "life, liberty and security of the person"
These Charter provisions protect both female inmates' right to safety and security AND transgender individuals' right to equality. The question is: How should these rights be balanced when they conflict? Current policy prioritizes gender identity over biological sex without clear legal mandate.
CSC Policies (Not Legislation):
Interim Policy Bulletin 584 (December 27, 2017)
"Gender Identity or Expression"
Key directive allowing self-identification based placement
This is policy, not law - implemented by CSC bureaucracy, not voted on by Parliament
Can theoretically be changed by CSC or ordered changed by courts/government
Commissioner's Directive (in development)
CSC has been working to formalize Bulletin 584 into permanent policy
Has not yet been finalized or published
Public consultation was limited
The Missing Safeguards: What Other Countries Do
Canada's approach is not universal. Other jurisdictions have recognized the need for safeguards:
United Kingdom:
Following high-profile cases of male sex offenders assaulting women in female prisons, the UK implemented stricter policies
Transgender prisoners with male anatomy and histories of violence against women are presumptively housed in male estates
Risk assessments are mandatory and rigorous
Women's prisons have the right to refuse high-risk transfers
United States (Federal Bureau of Prisons):
Considers multiple factors including anatomy, criminal history, and safety assessments
Does not rely solely on self-identification
Can house high-risk inmates separately from general population
Sweden:
Recently reversed course on liberal self-ID policies after problems emerged
Now requires more rigorous assessment before housing decisions
Canada's Approach:
Relies almost entirely on self-identification
Risk assessments occur but can be overridden by identity claims
No clear mechanism to refuse dangerous transfers
No accountability when harm occurs
The Human Cost: Testimonials
While protecting privacy, we can share what incarcerated women have reported (via advocates like Heather Mason):
"I've walked in on him having sex in the gym, in the bathroom making out with someone else and wanting a threesome with me." - Female inmate about Steve Mehlenbacher at Grand Valley Institution
"He cornered me in the laundry room one day telling me how beautiful I was and he was trying to get with me." - Female inmate about Mehlenbacher
"Why has the Correctional Service of Canada placed me in this housing situation with Radcliffe, knowing how vulnerable I am as a survivor of sexual abuse that already occurred here in GVI? Why don't my rights matter?" - Female inmate sexually assaulted by Frederick Radcliffe at Grand Valley
"[She] actually had broken ribs. I was on the inmate committee at that time, and the guards wouldn't do anything except blame the woman for instigating the fight because she called Tara a pedophile." - Witness to assault by Adam Laboucan at Fraser Valley
These are not abstract policy debates. These are women—real people with names, histories, and rights—being harmed.
Severity of offences
These are not minor infractions. The overwhelming majority of trans-identified male sex offenders in federal custody caused serious physical or psychological harm — and nearly half carry Canada's most dangerous offender designation.
What Needs to Change: Policy Recommendations
Protecting incarcerated women does not require cruelty toward transgender inmates. Both populations deserve safety and dignity. However, the current policy fails both groups by:
Exposing women to preventable harm
Not providing appropriate accommodation for genuinely gender-dysphoric inmates
Creating incentives for manipulation of the system
Recommended Changes:
Legislative Clarity |
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Risk-Based Assessment |
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Alternative Accommodation |
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Surgical Status Consideration |
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Right to Appeal |
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Data Collection & Transparency |
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Protection for Whistleblowers |
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Addressing Common Arguments
"Transgender women are women and deserve to be housed with women"
This argument assumes that gender identity should override all other considerations, including safety. While we can respect how someone identifies, this cannot mean ignoring material reality when it creates risk. A male who identifies as a woman still has male anatomy, male strength, and (if their crime history indicates) potentially male patterns of violence. Incarcerated women—who cannot leave—deserve protection from these risks.
Additionally, women's rights were won based on biological sex, not internal identity. Female prisoners have the right to female-only housing, just as they have the right to female-only healthcare in certain situations.
"Trans women are at risk in men's prisons"
Current research does not clearly establish that these inmates face greater risks than other vulnerable categories of male prisoners, such as physically smaller men, disabled men, elderly men, gay men, or men with mental illness. Correctional systems have historically managed vulnerable male populations through classification systems, protective custody, specialized units, and individualized risk assessments.
If Trans-dentifing inmates face risk, the solution is not to require women inmates to shoulder that risk by living, sleeping and showering with male prisoners. The solution is separate accommodation where they are safe from male inmates and women are safe from male bodies and male violence patterns.
"These are isolated incidents"
The documented cases we know about may be "isolated" in the sense that not every male transfer assaults women. However:
These are the cases we know about—many incidents go unreported due to fear
Even one sexual assault in custody is too many and represents a failure of duty of care
The 82% statistic (gender diverse inmates with sexual offense histories are overwhelmingly male) suggests the risk is not isolated
Women should not have to wait to be harmed before the policy changes
"You're just transphobic"
Advocating for women's safety is not hatred of transgender people. It is possible to:
Believe that people who experience gender dysphoria deserve compassion and appropriate care
Support protections against discrimination in employment, housing, and public services
Oppose violence and harassment against transgender individuals
AND ALSO believe that incarcerated women have a right to female-only housing and protection from male violence
These positions are not contradictory. They reflect a commitment to safeguarding all vulnerable people while recognizing that biological sex matters in certain contexts—particularly contexts involving safety, privacy, and dignity.
When were the offences committed?
The overwhelming majority of trans-identified male sex offenders committed their crimes before ever identifying as transgender — meaning the gender identity did not precede or explain the criminal behaviour.
Current Legal Challenge
In 2024, Canadian Women's Sex-Based Rights (caWsbar) and the Justice Centre for Constitutional Freedoms launched a Charter challenge arguing that CSC's policy violates incarcerated women's Section 7 (security of person) and Section 15 (equality based on sex) rights.
The case argues:
Female inmates have a Charter right to protection from male violence
The state's duty of care requires safe housing conditions
Current policy prioritizes gender identity over sex in violation of Section 15
Women are being discriminated against based on their sex by being forced to house with males
This case is ongoing and represents the first major legal challenge to self-identification policies in the prison context.
How to Support:
caWsbar website: www.cawsbar.ca
Justice Centre for Constitutional Freedoms: www.jccf.ca
What You Can Do
1. Contact Your MP Write or call your Member of Parliament and ask them to:
Support amendments to the Corrections and Conditional Release Act requiring sex-based prison placement
Request data from CSC on male transfers to women's prisons
Raise questions in Parliament about women's prison safety
Support the legal challenge by caWsbar
2. Support Organizations Doing This Work
caWsbar (Canadian Women's Sex-Based Rights)
Strength in Sisterhood (advocates for incarcerated women)
Justice Centre for Constitutional Freedoms (litigating the case)
3. Share Information
Many Canadians are unaware this policy exists
Share factual information (like this article) on social media
Write letters to newspapers
Discuss with friends, family, community groups
4. Document and Report
If you're aware of incidents, document them carefully
Contact caWsbar or other advocacy groups with information
File Access to Information requests for data from CSC
5. Attend Public Consultations
When CSC or Parliament holds consultations on prison policy, participate
Submit written briefs
Request to testify
Conclusion: Justice Demands Action
Canada prides itself on being a progressive nation that protects the vulnerable and upholds human rights. Yet our prison system is currently failing some of our most vulnerable citizens—incarcerated women who are disproportionately Indigenous, poor, and survivors of male violence.
These women did not choose to be in prison. Many are there because of the very traumas and marginalization that now make them vulnerable to further harm. They cannot leave. They cannot refuse. And when they try to speak up, they are silenced.
Justice demands that we listen to their voices. Justice demands that we acknowledge the documented harm. Justice demands that we implement policies that protect all vulnerable people—including both incarcerated women and genuinely gender-dysphoric inmates—without prioritizing one group's comfort over another group's safety.
The solution is not complicated: risk-based assessments, separate accommodation for transgender inmates, transparent data collection, and legal accountability. These measures protect everyone.
It's time for Parliament to act. It's time for CSC to prioritize safety over ideology. It's time for Canadians to demand better for incarcerated women.
Their lives, safety, and dignity depend on it.
What's Being Lost
Right to female-only incarceration |
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Safety from male violence |
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Privacy and dignity |
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Ability to report/complain |
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Affected Populations
70% of women in Edmonton Institution for Women are Indigenous
Many are survivors of male violence, sexual abuse, trafficking
Disproportionately marginalized, poor, mentally ill
Cannot leave or choose alternative housing
Who are the victims of trans-identified male sex offenders?
Children and women are the primary targets. These categories overlap — a child victim may also be counted as female. One third of cases involved multiple victims.
References
Correctional Service Canada. (2017). "Interim Policy Bulletin 584: Gender Identity or Expression."
Correctional Service Canada. (2022). "Gender Diverse Offenders with a History of Sexual Offending."
Mason, H. (2021). Testimony to Standing Committee on Public Safety and National Security (SECU).
Sloan, A. & Crowhurst, M. (2025). "Male-Bodied Sex Offenders Transferred to Women's Prisons." Reduxx.
Office of the Correctional Investigator. (2023). Annual Report.
Canadian Association of Elizabeth Fry Societies. (2024). "Women in Federal Custody."
caWsbar & Justice Centre for Constitutional Freedoms. (2024). Charter Challenge documentation.
UN Bangkok Rules (United Nations Rules for the Treatment of Women Prisoners).
