The Federal Court has rejected an application by a federally incarcerated dangerous offender to be moved to a women's penitentiary after a judge found the Correctional Service of Canada (CSC) did not act unreasonably in denying the request.
Background and federal decision
The applicant, identified in court records as Amanda Joy Cooper, 59, has been detained under an indeterminate sentence since 2001 after being declared a dangerous offender. Her convictions include multiple sexual assaults, forcible confinement and related offences aimed at adult women and at least one girl, most of which occurred in the Montreal area.
All offences predate Cooper’s 2020 diagnosis of gender dysphoria and a 2024 surgical procedure to construct female genitalia and breasts. The Correctional Service of Canada had earlier denied a request to transfer Cooper from a male institution to a women's facility, concluding that such a transfer would pose a substantial risk to inmates and staff.
Recent legal challenge and outcome
Cooper pursued a judicial review of the CSC’s decision. Federal Court Justice Janet Fuhrer examined whether the CSC’s handling of the transfer request was unreasonable. The judge upheld the service’s decision and found no basis to overturn it.
Instead of approving a move to a women's penitentiary, CSC relocated Cooper last October from the Atlantic Institution in New Brunswick to Millhaven Institution in Ontario, a maximum‑security men’s penitentiary. In both facilities, Cooper has been housed in a special unit and has spent most of her time segregated from the general inmate population.
Risk assessment and safety considerations
Key to the case was the CSC’s assessment of risk. A previous CSC ruling cited concerns that Cooper would present a high likelihood of causing harm within a women’s institution. Court materials describe a 1998 spree in which Cooper sexually assaulted multiple people over three days in public locations, an episode the judge noted involved “sexually victimizing five women and one minor, in public areas in the community.”
“sexually victimizing five women and one minor, in public areas in the community,”
The applicant and her counsel told the court she had been subjected to groping, taunts and threats while at the Atlantic Institution. A parole officer also advised the court that Cooper is particularly vulnerable among male inmates and that Cooper’s reluctance to integrate with the Atlantic Institution population was consistent with a reasonable fear for her safety.
- Custody status: Incarcerated since 2001 as a dangerous offender, indefinite period of incarceration.
- Criminal history: Convictions for four sexual assaults, forcible confinement and other offences against women and one girl, mainly in Montreal.
- Medical history: Gender dysphoria diagnosed in 2020; gender‑affirming surgery in 2024.
| Item | Detail |
|---|---|
| Age | 59 |
| Institutions involved | Atlantic Institution (N.B.); Millhaven Institution (Ont.) |
| CSC action | Denied transfer to women's prison; relocated to Millhaven in Oct. |
Implications and narrow scope of review
The Federal Court’s ruling addressed a narrow legal question: whether the CSC’s decision to refuse transfer and to house Cooper in male institutions under segregation conditions was unreasonable. The court did not, and the applicant did not, challenge the CSC’s core authority to make placement determinations based on safety and risk assessments.
The decision underscores the balancing act corrections officials face when managing inmates who have transitioned: weighing the safety of other inmates and staff against concerns about vulnerability and rights of the individual offender. It also highlights the continued use of protective or segregated housing for individuals assessed as presenting a risk or being at elevated risk themselves.
The ruling is likely to be cited in future cases that examine placement of incarcerated people who have undergone gender transitions, particularly when the individual has a history of sexual violence against the sex of the institution where transfer is sought.
