Juno News - October 01, 2026


The Court Fight Over Canada’s Trans Inmate Policy

Mentioned
Carney rides high in polls as Stelco jobs vanish amid Trump trade war Professor blames Canada’s economic woes on ‘Laurentian elites’ who ‘restricted’ growth

Episode Stats


Length

14 minutes

Words per minute

154.56

Word count

2,248

Sentence count

55

Harmful content

Misogyny

15

sentences flagged

Toxicity

3

sentences flagged

Hate speech

4

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
00:00:00.000 The issue of trans inmates housed in women's prisons is the focus of a federal court challenge.
00:00:13.240 Corrections Canada, their policy, is to let some inmates be housed in women's prisons according
00:00:21.060 to gender rather than sex. So what exactly does that mean? It means that if a convicted male
00:00:26.820 prisoner then claims to be a woman, that inmate is often treated as a woman and housed in
00:00:33.380 a women's institution.
00:00:35.620 The product of that policy, sadly, is a slew of rapes and even pregnancies in the prison 1.00
00:00:40.940 system.
00:00:42.820 Women assaulted in prison by trans inmates is the headline, according to the National
00:00:48.100 Post, liberals say.
00:00:50.620 A group known as Canadian Women's Sex-Based Rights, or CAUSEBAR, with support from the Justice Center for Constitutional Freedoms, is suing over it.
00:01:00.700 Heather Mason is our guest today.
00:01:02.280 She's a founding member of that organization and chairperson of the board.
00:01:06.820 She's also a former prison inmate coming to us from Sarnia, Ontario.
00:01:12.140 Welcome, Heather.
00:01:13.660 Thanks for having me, Mark.
00:01:15.100 Okay, so a lot of people are going to look at this and scratch their heads over exactly
00:01:19.580 what's happening in terms of this court challenge, but when did this begin?
00:01:23.480 How long has this been going on in terms of the legal battle?
00:01:27.480 So the legal battle started in April 2025 when we filed to pursue this charter challenge.
00:01:35.800 And the charter challenge is in effect against Commissioner's Directive 100, which is the
00:01:42.500 policy that allows male inmates to transfer into women's prisons and this policy came about in 2017
00:01:50.660 with the formal policy coming into effect in May 2022. Did you see this as an inmate at the time
00:01:59.300 where this policy was coming into effect and you started saying for lack of a better word if you
00:02:04.180 want to call them biological males coming into the women's system? Yes so I was incarcerated
00:02:10.260 in a federal prison in kitchener ontario in 2017 and 2018 so the policy change happened when i was
00:02:18.820 a prisoner and there i was incarcerated with males who identified as women not only in
00:02:25.860 uh the prison system but also at the halfway house once i was released and did you see
00:02:32.580 people convicted of sex offenses in the prison system with women?
00:02:39.700 Yes, so I was actually incarcerated with a male who identified as a woman who is a convicted
00:02:45.380 sex offender in provincial jail as well. Unfortunately, it's happening on every level
00:02:50.340 in Canada. I was fortunate enough to be released from federal before it got really bad, but a lot
00:02:56.420 of the women that I was incarcerated with were impacted and were incarcerated with sex offenders,
00:03:03.300 violent men, murderers, the whole nine yards. Amazing. So now you're involved in advocacy
00:03:10.500 on behalf of the women in the system. What are you hearing from them?
00:03:15.700 So I've been hearing quite a lot all across Canada. It's mostly a lot of grooming behavior,
00:03:23.780 criminal harassment sexual assault sexual harassment a lot of the women are changing 0.98
00:03:30.820 their routines um they're not wanting to take part in mandatory programming because they have
00:03:37.700 to take that programming with male sex offenders so there's a lot of emotional harm a lot of them
00:03:46.420 are really triggered by it because they have extensive histories of sexual abuse and then
00:03:51.060 they're being incarcerated with a prolific serial pedophile who's standing outside the bathroom
00:03:56.900 um listening to them and then asking them if they're on their moon time and just a lot of
00:04:02.260 grooming behaviors and are we talking showering with trans people uh possibly sharing a cell
00:04:12.820 with them so it depends on where you are incarcerated this is happening a lot more
00:04:18.260 in provincial jails because you're sharing a range that only has a shower fortunately if you are on 0.85
00:04:24.820 medium or minimum compound in women's prisons they're typically cottage-like homes so you have 0.98
00:04:30.180 a bathroom with a door that locks but correctional officers only go through the house once every two 1.00
00:04:37.140 hours so they have a lot of time available to be stalking and grooming and harassing women
00:04:44.100 Now, this story, a column in the National Post, women assaulted in prison by trans inmates does not violate the charter, liberals say. 0.53
00:04:54.720 I mean, this suggests to me that the government prioritizes the, quote unquote, needs of these trans individuals over women in these institutions.
00:05:06.320 Is that a fair assessment?
00:05:08.220 That's the way I read it as well.
00:05:10.620 um so the sexual assaults and uh all of the other things that they admitted to in their statement
00:05:17.220 of defense is only admitting to what cause bar has filed in their statement of claim
00:05:23.860 they produced particulars um that the attorney general requested they wanted the who what where
00:05:30.900 when why how and the government only admitted to the what was answered in the particulars and if
00:05:40.100 wasn't enough answered in there they said they didn't have enough information to respond so this
00:05:45.540 is not a complete accounting of every single incident that has happened in women's prisons
00:05:50.100 it's time to modernize canada's rules on nicotine alternatives to cigarettes like heated tobacco
00:05:55.780 vaping products and oral smokeless products don't burn tobacco or produce smoke now they aren't
00:06:01.940 risk-free but the growing body of scientific evidence shows that they have the potential to
00:06:07.460 be substantially less harmful than smoking cigarettes. Now, despite this, Canadians are 1.00
00:06:13.540 banned from accessing this critical information and sometimes even banned from the products.
00:06:19.060 Nicotine pouches remain banned in convenience stores across the country and current laws ban
00:06:24.820 communication about the risk of these products compared to cigarettes. It's absolutely ridiculous. 0.89
00:06:30.740 The evidence is here. The tools exist. Canadians deserve to have the freedom 0.73
00:06:35.780 to know about them to learn about them to even just understand them it's a free country we
00:06:40.260 should be able to have this information so learn more about this campaign and our friends over at
00:06:46.500 unsmoke by visiting their website unsmoke.ca and thank you so much to unsmoke for sponsoring this
00:06:52.740 episode have you appealed to members of parliament on this issue have you tried to meet with them
00:06:59.460 perhaps talk to the minister has any of this taken place yeah so i've spoken to several members of
00:07:08.740 parliament a lot of the times i get a template sent back to me telling me about bill c-16 and
00:07:15.060 gender identity or expression being added to the canadian human rights act telling me that this is
00:07:20.180 justified um a lot of the conservatives will meet with me and they don't agree with it but other
00:07:27.380 than telling me that they don't agree with it and maybe saying something on social media there
00:07:32.180 hasn't been much action from them and most liberal members of parliament will not meet with me to
00:07:38.900 discuss this meantime women in the prison system are being assaulted and i mean raped there's been
00:07:50.020 pregnancies hasn't there i mean what happens to the children babies born uh from these types of
00:07:58.100 incidents yes there's there has been um quite a few sexual assaults rapes there have been
00:08:06.020 pregnancies there's been women that have been taken out for abortion um there is a mother child
00:08:12.260 program in women's prisons but typically you have to be minimum security so if you are not minimum 0.82
00:08:18.820 security. You do not get to keep your child. So I can only assume if they don't have family to 1.00
00:08:24.300 support them that the child's going into care. And then you also are at a disadvantage by being
00:08:31.660 in the mother-child program because you have to be on your best behavior. So when you are
00:08:35.940 incarcerated with these men and they're intimidating you or harassing you, you just have to take it
00:08:41.620 Because if you do anything, it's going to be classified as retaliation or instigating, and then you're going to be at risk of losing your spot in the mother-child program, which means that you don't get to keep your child.
00:08:56.600 Unbelievable.
00:08:58.160 I mean, this is a horror story.
00:09:01.640 I mean, these women have committed crimes, and so not everybody in society is going to feel a great deal of sympathy for them.
00:09:09.040 But if they're doing their time and trying to come back, as you successfully did, able to get back into society, you then face the added issue of having to deal with possibly, you know, sex offenders, you know, in the same facility as you're in.
00:09:27.140 And it sounds to me like they're not getting a whole lot of sympathy from staff, from prison guards and that sort of thing.
00:09:33.880 How is that relationship?
00:09:35.560 Because those are women, right? 1.00
00:09:37.160 How many of them are women? 1.00
00:09:38.120 like the guards and people administrating and running these facilities and operating them? 1.00
00:09:44.220 There are quite a few women, but there are male guards as well. 1.00
00:09:47.600 They won the right to work within women's institutions because it was sex-based discrimination. 0.85
00:09:53.880 They attempted to make it so that male guards couldn't work in women's facilities.
00:09:58.180 Now, I have encountered quite a few correctional officers. 0.79
00:10:00.820 that do not agree with this because female correctional officers are required at the request
00:10:06.940 of male inmates who identify as women to strip search them. I first encountered this issue in
00:10:13.180 provincial jail where there was a sex offender. He requested a female correctional officer to 0.96
00:10:18.420 strip him and he used to get erections in front of them. And they complained they didn't want to 0.95
00:10:25.440 do it but unfortunately their rights don't matter just like women incarcerated women's rights don't
00:10:32.960 matter i mean this is um i cannot imagine what these women are going through and yet here it is
00:10:41.220 we're in the midst of it the media seems to not want to talk about this issue it seems to
00:10:46.100 fallen into a black hole it's one of those stories that i guess they know that the government is
00:10:52.080 to look bad, you know, having appointed activist judges to preside over these cases, you know,
00:10:58.400 radicals in some cases. How is the court battle going? I mean, you've been at it for what, over a
00:11:03.840 year now, something like that? Yeah, so it has been a long process. They've really been trying
00:11:10.080 to drag it along. As you know, at first they filed motions to have our case dismissed and our case
00:11:18.640 was while the judge ruled that the case was going to go forward on may 14th of this year
00:11:25.040 so she dismissed their motions and then they were supposed to have 60 days to file their statement
00:11:30.240 of defense but they took longer than the 60 days so now we've gotten through that and it's to the
00:11:36.960 next point of the court case but i don't see it um wrapping up anytime soon this is going
00:11:43.840 going to be a long-term battle all right and if it doesn't go your way do you have recourse i mean
00:11:52.320 is there a higher level of court that you can appeal to yeah so we're currently at the federal
00:12:00.040 court so there are courts above that to appeal i'm trying not to even think about losing um at this 1.00
00:12:07.760 point because it's just so obvious to me that this is wrong and that these women do have charter
00:12:13.940 rights and they should be supported because if we allow this to happen to women in prison then it's
00:12:19.640 going to happen in every other avenue of life you can't allow it to happen in one place and not in
00:12:26.000 another place so essentially it isn't just about women that are incarcerated it's about women
00:12:32.740 in sports and it's about women in shelters and rape shelters um hospital wards washrooms like
00:12:40.740 it's all going to be affected by this yeah and canada seems to be at the forefront of
00:12:47.640 being as permissive as possible in terms of allowing men basically into these facilities
00:12:56.240 You look at athletic competitions and so forth, and so you've really got a fight in your hands.
00:13:04.600 Maybe this is one of those precedent-settings that matters as well.
00:13:07.820 Maybe that's why it's taking as long as it has, is the sense that whatever comes out of here, out of this proceeding, could resonate down the road.
00:13:17.140 Is that a factor here as well?
00:13:19.580 Yeah, I'm hopeful, yes.
00:13:21.720 yeah okay how do people find out more about what's going on i know you're getting some support from
00:13:28.600 uh the the folks um at the uh justice center for constitutional freedoms they're they're involved
00:13:37.880 in this as well so maybe you could tell us a little bit about how people could find out more
00:13:42.280 about what you're involved in the case and so forth yeah so cosmar is actually represented
00:13:47.560 by charters advocate canada and they are funded by the justice center for constitutional freedoms
00:13:53.960 so you can find out more by following along with the jccf and also following along with
00:13:58.840 college bar we always post updates um and we're always talking about this issue so the best way
00:14:06.360 would be to contact canadian women's sex-based rights if you are a woman in canada and help us
00:14:12.360 fight okay heather thank you so much for coming on the show we appreciate it thank you so much
00:14:18.600 for having me if you enjoyed the show and appreciate independent journalism please consider
00:14:22.600 becoming a premier member of juno news by going to junonews.com backslash straight up helps us
00:14:29.400 do what we do here thank you so much for tuning in we'll see you next time