POLICY BULLETIN

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What is new/changed?

Commissioner's Directive 800, Health Services, has been revised to address gender identity disorder.

Why was the policy changed?

To comply with a Canadian Human Rights Tribunal decision concerning the placement of pre-operative transsexual inmates and access to sex reassignment surgery for incarcerated individuals diagnosed with gender identity disorder.

How was it developed?

In accordance with the Tribunal decision, Health Services developed the policy revisions in consultation with the Canadian Human Rights Commission.

Accountability?

CSC recognizes that some offenders may have gender identity disorder. Health Services staff, including the institutional psychiatrist, must consult with a recognized gender identity disorder expert or other physicians from a recognized gender identity disorder clinic, where there are reasonable grounds to believe that such a condition exists.

Who will be affected by the policy?

Inmates who have been diagnosed with gender identity disorder, as well as Health Services personnel.

Expected cost?

CSC must pay for the surgery in those cases where sex reassignment is deemed an essential service. However, the internationally recognized standard for sex reassignment requires the "real life experience" of living for twelve months in the target gender while under the supervision of a recognized gender identity disorder clinic. The Tribunal agreed that this requirement cannot be satisfactorily fulfilled within a prison setting and must occur prior to incarceration. Few, if any, inmates are likely to meet this standard.

Other impacts?

None.

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