CBA SPRING LAW SERIES 2018

Presented by the CBA Sexual Orientation and Gender Identity Community

Transgender Federal Prisoners: Canada's Legal Framework

The Correctional Service of Canada has recently implemented policies to improve the human rights of transgender prisoners, including allowing placement in men’s or women’s prisons by gender identity, following similar policy changes made by some provincial correctional authorities. These changes come 17 years after the Canadian Human Rights Tribunal confirmed that sex-reassignment surgery cannot be prohibited while an individual is incarcerated, in 2001.

This webinar will review the history of transgender prisoners in Canada, with some focus on the 2001 Kavanagh v Canada (Attorney General) decision as well as more recent developments. Our speakers will discuss how we got where we are, and the implications of the new framework on transgender clients and clients who may be serving penitentiary sentences.

 Topics will include:
• Policies regarding prisoners’ access to gender confirming surgery
• Policies regarding placement of prisoners in penitentiaries that match their gender identity
• Policies regarding safety, privacy and dignity rights of transgender prisoners
• Human rights practices and procedures
• Legal process and strategies to address violations of prisoner rights
 

Presenters