An Ontario judge has rejected an incarcerated transgender woman’s request to move to a women’s prison – part of a broader trend first identified in a recent Investigative Journalism Bureau probe.
Amanda Joy Cooper, 59, has a history of violent sexual assaults against women, many committed while she was living as a man in Quebec in the 1980s and 1990s. She was federally sentenced for the third time in 2001 and was designated a dangerous offender.
She identified as a woman while in prison. In 2024, she underwent gender-affirming surgeries.
Cooper brought her case before the courts for judicial review after she was involuntarily transferred from Atlantic Institution in New Brunswick to Millhaven Institution in Ontario in October 2025. Both are federal prisons for men.
Cooper called the transfer unreasonable and said her request to move to a women’s prison should have been approved.
In a July 14 decision, Judge Janet Fuhrer dismissed Cooper’s application for judicial review and found that Correctional Service Canada (CSC) acted reasonably.
The judge noted that the decision was made with some reluctance because it meant that Cooper would have to stay in an institution for men.
In 2017, CSC updated its gender policy to allow inmates to request transfer based on gender identity, barring risks to safety.
Around the time of the policy change and in the years following, approval rates were high, according to data provided by CSC. But as time went on, those rates declined, even as the number of trans inmates applying stayed roughly the same.
In 2025, three out of 13 trans women who requested transfer were moved to a women’s facility. The approval rate that year was 23 per cent, compared to 75 per cent in 2017 and 80 per cent in 2018.
The recent decision adds to a growing public debate over where transgender inmates should be housed.
Some experts who have spoken with the IJB say CSC’s gender policy, the Commissioner’s Directive 100 (CD-100), looks good on paper, but is failing in practice to protect trans women and adhere to its own guidelines to allow trans women to transfer.
Conversely, an advocate for incarcerated women, Heather Mason, told the IJB that trans women shouldn’t be allowed in women’s prisons at all because of the risk of violence or sexual assault.
Mason said in an emailed statement that she believes the judge made the correct decision. But she doesn’t think the matter is over.
“I expect the decision will be appealed, making it even more important that governments and CSC develop long-term accommodations that protect everyone’s rights without compromising women’s safety,” she said.
She added that CSC should provide “dedicated ranges, wings, or pods within men’s prisons for inmates who require alternative accommodation,” which would address “individual needs while preserving the integrity and safety of women’s prisons.”
CSC said it was aware of the decision and is “taking the time to review it,” in an emailed statement to the IJB.
“Each transfer request is assessed on a case-by-case basis and involves an assessment of that offender’s particular needs and risks, as well as any health or safety concerns, including the examination of possible mitigation strategies. The safety of that person and other persons in the penitentiary is always a top priority.”
CSC told the IJB in early June that the placement of trans inmates was a complex matter and the agency “continues to adapt its practices and respond to emerging issues.”
Lawyers argued for and against Cooper’s transfer in federal court on June 15.
Cooper’s lawyer, Jessica Rose, told the court that Cooper was under self-imposed isolation in a men’s prison because she feared being assaulted and verbally harassed by other inmates.
The judge’s decision noted that Cooper was admitted to structured intervention units (SIU) — where inmates are placed if they cannot be safely managed in the mainstream federal prison population — “not only for her own safety but also, at times, for the safety of others and/or the institution.”
Rose said in an email that she was not given instructions to comment on the decision.
Counsel representing CSC told the court Cooper had made threats to harm and kill female staff members while incarcerated and showed a “fixation” toward one female staff member in particular last year.
The decision “should not be viewed, however, as any kind of blanket determination that a transgender or gender-diverse inmate who is designated as a (dangerous offender) cannot be transferred to an institution that aligns with their gender identity,” wrote the judge, adding that it was possible that Cooper could eventually transfer.
“Each such case will depend on their unique circumstances.”
- Thousands of Canadians implanted with metal hip devices despite warnings of pain and complications - 5 August 2026
- Judge’s denial of transgender inmate’s transfer request highlights trend reported by IJB - 17 July 2026
- Transfers of trans prisoners in Canada have fallen. An upcoming case will test gender policies - 5 June 2026