Overview

°ÄÃÅÓÀÀû is a national leader in strengthening human rights and individual freedoms by recognizing and protecting gender expression and gender identity in the °ÄÃÅÓÀÀû Human Rights Code.

Our policy for trans inmates is one of the most progressive in North America. It ensures that all inmates are treated with the same dignity and respect regardless of their gender expression or gender identity.

We are committed to:

The policy recognizes a person’s:

  • self-identified gender
  • preferred name and pronouns
  • housing preference

We will assess and accommodate trans inmates’ Human Rights Code-related needs using a case management process, which will be developed by a multi-disciplinary inter-professional team, including:

  • health care professionals
  • social workers
  • operational staff
  • community support

Our transgender inmate guidelines establish requirements for the admission, placement and management of inmates whose gender identity or expression is different from the gender associated with their birth assigned sex.

Admission

Searches

When staff perform searches, they will be:

  • sensitive to the needs of inmates
  • explain why the inmate is being searched
  • provide an opportunity for inmates to ask questions

Staff must give trans inmates the opportunity to choose who will perform any searches. If the inmate chooses to have a male and female corrections officer involved in the search, the correctional officers must give the inmate the choice of which officer (man or woman) will conduct the search.

The inmate will be offered privacy while they are being searched, including searching of prosthetics.

Privacy

Staff must take steps to maximize the privacy and confidentiality of any information related to a trans inmate’s gender identity or trans history.

Information about an inmate’s gender identity or gender history will only be shared:

  • with people directly involved with an inmate’s care
  • when it is necessary

Case management

Assessment and classification

To ensure that trans inmates’ Human Rights Code-related needs are assessed and accommodated on an individualized basis, correctional services use a case management model to determine appropriate assessment, placement and other services.

Inmates will be consulted on decisions relating to their care as part of the case management process.

Gender identification

The policy recognizes that trans inmates may not have identity documents that reflect their gender identity. Self-identification is the primary consideration.

Correctional staff will not make any assumptions about an inmate’s gender identity or housing preference based on previous admissions.

Identification

Inmates will be referred to by their preferred name(s) and gender pronoun verbally and in all written documents, for example he, she, him, her, they, ze, hir (ze/hir are gender neutral pronouns that can be used instead of gender specific ones).

The inmate’s preferred name and gender pronoun may not be used in some rare situations, such as when an inmate’s legal name is required for identification purposes.

Placement

Housing

Trans inmates must be placed in an institution appropriate to their self-identified gender or housing preference, unless it can be proven that there are health or safety concerns which cannot be resolved. We will tell the inmate if there are health and safety concerns.

The policy recognizes that:

  • not all trans inmates want to be housed according to their self-identified gender
  • the inmate must be involved in the decision-making process

Integration

If it is possible, and if the inmate wants to, they will be integrated into the general population. The inmate will not be isolated unless there are health and safety concerns which cannot be resolved. We will tell the inmate if there are health and safety concerns.

Trans inmates may be held in specialized care placements if housing them with the general population (subject to inmate preference) would cause undue hardship under the Human Rights Code.

If the inmate must be held in isolated (segregate) conditions, we will give them as many social and programming opportunities as possible.

Clothing

Staff must provide trans inmates with their preferred institutional clothing and underclothing:

  • while the inmate is in custody
  • for court appearances
  • when they are released

Personal items

Trans inmates can keep personal items, including prosthetics, that are necessary to express their gender while they are:

  • in the institution
  • being transferred by corrections staff

The inmate will not be allowed to keep personal items if there are health and safety concerns that can’t be resolved. We will tell the inmate if there are health and safety concerns.

Shower and toilet access

Staff must offer trans inmates individual and private access to the shower and toilet for safety and privacy.

If an inmate disagrees with their placement or treatment in the institution, they can contact the Client Conflict Resolution Unit (CCRU) by phoning Toll-free: 1-866-535-0019 from Monday to Friday between 9:00 a.m. and 4:00 p.m. to speak to an advisor. Inmates also have the option to write to the CCRU at:

Ministry of the Solicitor General
Client Conflict Resolution Unit
25 Grosvenor Street, 16th Floor
Toronto, ON M7A 1Y6

The CCRU is a service-focused unit that helps resolve human rights complaints for Correctional Services clients.