Federal Court Hears Arguments on Transgender Inmate's Prison Transfer Request
Lawyers presented opposing arguments in Federal Court in Halifax on Tuesday regarding the case of a transgender female inmate seeking transfer from a men's maximum security prison to a women's correctional facility. The debate centers on Amanda Joy Cooper, 58, who has been incarcerated since 2001 and recently completed gender affirmation surgery.
The Central Legal Question
At issue is whether Cooper should be transferred from Ontario's Millhaven Institution, where she is currently imprisoned, to a women's prison in British Columbia while awaiting a larger judicial review. Cooper's legal team argues that her gender identity and physical transition warrant placement in a women's facility, while Correctional Service Canada (CSC) maintains security concerns justify her current placement.
Cooper holds a dangerous offender designation, confirmed by Correctional Service Canada to media outlets. Court records from her 2001 sentencing hearing reveal she assaulted victims, including a girl as young as 12, shortly after being released from prison for similar offenses. Psychiatrist Dr. Louis Morissette testified at the time that Cooper's behavior was "so severe" that he had to physically intervene between Cooper and female workers while she was incarcerated.
The Defense Argument for Transfer
Cooper's lawyer, Emma Arnold, presented a detailed timeline of her client's gender transition. "She first requested an assessment for gender dysphoria in 2017 and received a diagnosis in 2020," Arnold stated. "At that time, she started living her life as a woman."
Arnold emphasized that in September 2024, Cooper underwent both top and bottom gender affirmation surgery, completing her physical transition. "Miss Cooper does not have a penis. She has the physical form of a female and the gender of a woman. Her sex and gender are aligned," Arnold argued. "All of her correctional documents list her as being a female. So in fact, CSC and Miss Cooper are in total agreement, as far as all of the documents are concerned, about a very key fact in this case."
Co-counsel Jessica Rose highlighted CSC's own policy, which generally places inmates according to their gender identity unless health or safety concerns require placement according to physical sex. "If somebody's genitals align with their gender identity, then the analysis stops there," Rose concluded.
Rose also raised safety concerns about Cooper's current situation: "Cooper has abundant reason to fear for her sexual safety and her physical safety within a men's institution where she's the only female inmate in a common area with men."
The Correctional Service's Position
Lawyer Laura Rhodes, representing CSC, defended the decision to keep Cooper at Millhaven Institution. "This transfer reflects bona fide justification and also the mandate for safety that CSC operates under," Rhodes stated, noting Cooper was transferred to Millhaven from New Brunswick's Atlantic Institution in October.
Rhodes emphasized Cooper's dangerous offender status and maximum security classification. "We know from the record that her victims have been very predominantly women," she argued.
The CSC lawyer presented recent behavioral concerns: "As recently as a year ago, Cooper was fixated on a female prison staff member and had stated criminally action comments toward this person. So our submission is that this in itself is evidence that her transition has not mitigated the risk that she represents to women in particular."
Rhodes concluded: "It's a logical conclusion that her gender identity, hormone treatment and surgery have not fully mitigated her risk to re-offend against women."
Broader Context and Implications
The case unfolds against a backdrop of increasing legal challenges regarding transgender rights within correctional systems. Similar cases have emerged across Canada, including a recent decision where a transgender teen killer lost a bid to remain in an Ontario women's prison after threatening inmates and staff.
The Federal Court's eventual ruling in Cooper's case could establish important precedents for how correctional institutions balance gender identity rights with security considerations, particularly for inmates with violent histories. The decision may influence policies across Canada's prison system regarding the placement of transgender individuals who have completed medical transitions but present ongoing security concerns.
Both legal teams await the court's decision on the interim transfer request while the larger judicial review process continues. The outcome will likely be closely watched by advocates on all sides of the transgender rights debate within correctional settings.
