Judge Denies Transfer for Transgender Inmate Amid Safety Concerns

A Federal Court judge has declined to issue a temporary order for Corrections Canada to transfer Amanda Cooper, a transgender inmate, from a men’s prison to a women’s institution. The decision was made amid concerns regarding her history of sex offences and the safety of other inmates. However, Justice Love Saint-Fleur has expedited the judicial review of Cooper’s case, indicating that it will be heard quickly.

Cooper, aged 58 and from the Montreal area, has argued for her transfer to a women’s prison following her full gender surgery. Despite her claims, Corrections Canada has denied the request, citing evidence that suggests she poses a significant risk to federally sentenced inmates and staff if moved to a women’s facility. In a written decision released on Friday, Justice Saint-Fleur noted, “the evidence in the record shows that … Cooper poses a high risk to federally sentenced inmates and staff if she is transferred to a women’s institution.”

Currently incarcerated at Millhaven Institution, a maximum-security prison located near Kingston, Ontario, Cooper began identifying as a woman in 2020 and underwent gender surgery in 2024. She has reported fears for her safety within the men’s prison, opting for self-imposed isolation. Cooper’s lawyer, Jessica Rose, presented her case during a virtual hearing in Halifax last week, advocating for her client’s immediate transfer to a women’s prison even before the case reaches full adjudication.

Since 2017, federal offenders in Canada have been permitted to request transfers to institutions that align with their gender identity or expression. Nonetheless, Corrections Canada retains the authority to deny such requests based on health or safety considerations. Officials have highlighted Cooper’s criminal history, which includes multiple sex offences against women and a pattern of fixation on female prison staff, as factors contributing to their assessment of her as a high risk for placement in a women’s institution.

Rose has contended that Cooper is now anatomically female and, in light of Corrections Canada’s established policies, deserves to be housed in a women’s facility. She has also pointed out that other inmates in women’s prisons have committed serious offences, asserting that Corrections Canada has developed strategies to manage risks in those environments.

In her ruling, Justice Saint-Fleur acknowledged that Millhaven “offers gender-related accommodations and supports to mitigate the harms experienced” by Cooper. While the court has not yet set a date for the judicial review hearing, the decision to expedite the process signifies a critical step in addressing the complexities surrounding Cooper’s request.

As discussions continue regarding the treatment of transgender inmates within the Canadian correctional system, this case highlights the ongoing challenges related to safety, identity, and prison policies.