Changes implemented in the way transgender offenders are accommodated in Canada’s federal prison systemAround the World, Online Only, Top Highlights Wednesday, January 31st, 2018
OTTAWA — An important collaboration spanning several years between the Correctional Service of Canada (CSC), the Canadian Human Rights Commission (CHRC), and Prisoners’ Legal Services (PLS) has resulted in changes to the way transgender offenders are accommodated in Canada’s federal prison system.
These changes come in the wake of Parliament’s recent change to the Canadian Human Rights Act, which added “gender identity or expression” to the list of prohibited grounds of discrimination.
“These changes ensure that offenders who identify as transgender are afforded the same protections, dignity and treatment as others. CSC is committed to building a safe, inclusive and respectful environment for everyone, including transgender staff, offenders, volunteers and visitors,” said Don Head, commissioner of the Correctional Service of Canada.
In the context of its daily operations, CSC will continue to provide education and awareness to staff and offenders and work to ensure that the health, safety and dignity of everyone is respected at all times. New operational practices for CSC include:
- Placing an offender in a men’s or women’s institution according to their gender identity, if it is their preference, regardless of their anatomy or gender on their identification documents, unless there are overriding health or safety concerns which cannot be resolved.
- Using an offender’s preferred name and pronoun in all oral interaction and written documentation.
- Allowing offenders to purchase authorized items from CSC catalogues for either men or women if there are no safety, health or security concerns according to the security level of their institution.
- Taking steps to maximize the privacy and confidentiality of information related to an offender’s gender identity. Information about an offender’s gender identity will only be shared with those directly involved with the offender’s care, and only when relevant.
- Offering individualized protocols for offenders who seek to be accommodated on the basis of gender identity or expression to ensure, among other things:
- the safety, privacy and dignity of an offender when they access shower and/or toilet facilities; and
- the choice of male or female staff to conduct frisk and strip searches, urinalysis testing, and camera surveillance.
All three organizations look forward to further collaboration and successful implementation of these changes. As CSC updates its individual policies, it will continue to count on the valuable contribution of correctional experts and stakeholders, such as the CHRC and PLS, labour partners, academia and experts in gender and identity issues.
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