Correctional Service Canada
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Women Offender Programs and Issues

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The Cross Gender Monitoring Project
3rd and Final Annual Report

ii) Possible Charter Challenges by Federally Sentenced Women

In the absence of a policy of female only PWs, Federally Sentenced Women could challenge the policy of having male PWs. In so doing they would probably rely upon sections 7, 12 and 15 of the Charter. The argument might take the form, for example, that subjecting women who have been extensively physically and sexually abused and violated by men in positions of authority over them to the control and authority of male guards in a situation of incarceration constitutes an unjustifiable deprivation of security of the person under s.7, cruel and unusual treatment and punishment under s.12 and a breach of women inmates' equality rights under s.15. The data and analysis in this report could be used to support such a challenge.