The Committee on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is an international treaty that was adopted by the United Nations General Assembly in 1979 and came into force in 1981. The Convention's goal is to ensure that women have equal access to and opportunities in political and public life, education, health, and employment.
The 89th Session of CEDAW will be held October 7 to 25 in Geneva, Switzerland. Canadian Women's Sex-Based Rights and Women's Declaration International - Canada prepared the following joint statement for presentation at the Session.
PREAMBLE
This joint written submission was prepared by two of Canada's national grassroots women's organizations, Women's Declaration International – Canada (WDI Canada) and Canadian Women’s Sex-Based Rights (caWsbar).
WDI Canada is the Canadian component of the international organization dedicated to protecting women's sex-based rights. The WDI Declaration on Women's Sex-Based Rights urges all nations to maintain the centrality of the category of sex, and not “gender identity,” in relation to women’s and girls’ right to be free of discrimination.
Canadian Women’s Sex-Based Rights (caWsbar) is a cross-Canada, non-partisan coalition of women and male allies working together to preserve the sex-based rights and protections of women and girls, as enshrined in section 15 the Canadian Charter of Rights and Freedoms (the Charter), part of the Constitution of Canada.
This written submission details how through legislation and policies enacted in 2017 and later the Government of Canada is in contravention of CEDAW Article 1 and the Canadian Charter of Rights and Freedoms.
In this document, the term “woman” refers to an adult human female; the term “girl” refers to a juvenile human female.
CEDAW Article 1:
For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Canadian Charter of Rights and Freedoms, Section 15, Equality Rights:
15.(1) Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of the law without
discrimination and, in particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or mental or physical
disability. (2) Subsection (1) does not preclude any law, program or activity
that has as its object the amelioration of conditions of disadvantaged
individuals or groups including those that are disadvantaged because of race,
national or ethnic origin, colour, religion, sex, age or mental or physical
disability.[1]
BACKGROUND
In 2016, the Government of Canada introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code. The Bill received royal assent (i.e. was passed into law) on June 19, 2017.
The purpose of this Bill was to amend the Canadian Human Rights Act to include “gender identity or expression” as a category protected against discrimination and to include “gender identity or expression” in Canada's criminal code for the purposes of hate propaganda offences.[2]
The amendment does not precisely define “gender identity or expression”, and was adopted without meaningful consultation with women's advocacy groups.
The Government of Canada uses Gender-based Analysis Plus (GBA), “an analytical tool used to support the development of responsive and inclusive policies, programs, and other initiatives. GBA Plus is a process for understanding who is impacted by the issue or opportunity being addressed by the initiative; identifying how the initiative could be tailored to meet diverse needs of the people most impacted; and anticipating and mitigating any barriers to accessing or benefitting from the initiative.”[3]
A GBA was applied to Bill C-16. However, the Government will not publicly release this analysis, citing cabinet confidence. As a result, Canadians do not know if the Government tested the amendment against women’s Charter-enshrined sex-based rights.[4] [5]
HOW THE AMENDMENT DISCRIMINATES AGAINST WOMEN
While the intention of the amendment was to create a more inclusive, diverse society in Canada, an unintended consequence of the amendment has been to introduce state-sanctioned sex-based discrimination against women.
What follows is an explanation of the ways in which women are discriminated against as a result of the amendment to the Canadian Human Rights Act.
MALE SELF-IDENTIFICATION AS WOMEN ROBS WOMEN OF FEMALE-ONLY SPACES
Males may now self-identify as women and legally demand (and receive) access to female-only spaces (e.g. women’s gyms, prisons), services (e.g. rape shelters), resources (e.g. employment services, battered women support services) and sports.
As noted by UN Rapporteur Reem Alsalem[6], women who protest this situation are labelled as hateful and bigoted and may be subject to litigation and/or punishment (See examples in following sections). Women and girls alike are being given the message that they must consent unconditionally to the presence of males in their spaces. For example, if a male high school student says he is a girl, girls are expected to share a locker room and undress with him. Moreover, women and girls are being pushed to ignore their innate instincts to be wary of males in certain situations or have the charge of “fascist” or “transphobe” levelled at them.
WOMEN HAVE LOST THE RIGHT TO LANGUAGE TO DESCRIBE THEMSELVES ACCURATELY
Since the introduction of the amendment, the terms “woman” and “girl” can no longer be accurately defined as “biological female” in legislation and public policy. Any legislation or policy designed specifically to uphold the rights of females now by default also includes males, thereby negating any positive impact for women and girls. Women who disagree that males can “become” women are impugned for their understanding of biological reality.
On many Government of Canada websites, women are defined as “All people who identify as women, whether they are cisgender or transgender women.”[7] In other words, males are included in the definition. Furthermore, both the Prime Minister of Canada and the Minister for Women and Gender Equality have stated publicly that “transwomen are women” and have strongly implied that anyone who says “Men are not women” is committing an act of hate.[8] [9]
The Government of Canada also muddies its own distinction between sex and gender. It is unclear if this obfuscation is intentional. The result, however, is that the public is led to believe sex and gender are synonymous. They are not.
For example, the GBA tool glossary distinguishes between sex— “a set of biological attributes in humans and animals” and gender— “socially-constructed roles, behaviours, expressions and identities of girls, women, boys, men and gender-diverse people.”[10] Other GBA documentation conflates the terms. The introduction to the GBA tool states that “Gender equality is enshrined in the Charter of Rights and Freedoms.”[11] This is a falsehood: the word “gender” does not appear in the Charter. Moreover, this treatment of the terms as synonymous dilutes the Charter guarantee of freedom from discrimination on the basis of sex by elevating the concept of gender—a social construct, not an objective fact—to the same level as a constitutional right.
One other very important language shift in Government of Canada policy and programs is the term “gender-based violence.” On the WAGE Canada website, “gender-based violence” is described as follows:
“...many Canadians across the country continue to face violence every day because of their gender, gender expression, gender identity or perceived gender. This is referred to as gender-based violence (GBV) and is a violation of human rights.
If you look closely, you will see the roots of GBV all around you, in media messages that objectify women, in the jokes that demean LGBTQ2 (Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit) people and in the rigid gender norms imposed on young children”[12]
None of the examples provided are of actual violence—physical force intended to physically injure or kill. More importantly, none of the examples describe the true issue in objective terms: male violence against women. Male violence against women and femicide are serious problems in Canada. These problems will not abate if the government continues to use watered-down, obfuscating language to describe them.
THE GOVERNMENT OF CANADA NO LONGER HAS AN ENTITY SPECIFICALLY DIRECTED AT IMPROVING THE STATUS OF WOMEN
In 2018 the Government of Canada established a new federal department, Women and Gender Equality Canada (WAGE Canada). This department replaced Status of Women Canada—a federal agency dedicated to the improvement of the status of women. This agency was created upon the recommendation of the landmark 1970 report of the Royal Commission on the Status of Women.[13]
Unlike the Status of Women agency, WAGE Canada is “committed to advancing equality with respect to sex, sexual orientation, gender identity or expression through the inclusion of people of all genders, including women, in Canada's economic, social, and political life.”[14] “
“People of all genders” refers to anyone, male or female. The phrase “including women” gives women the status of afterthought. The inclusiveness of WAGE Canada’s mission statement means that the female sex class no longer has a federal body working toward the elimination of discrimination against specifically women.
One final note: Canada's Employment Equity Act is being reviewed for the purposes of modernization. The aim of the Act is to
“…achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and, in the fulfilment of that goal, to correct the conditions of disadvantage in employment experienced by women, Aboriginal peoples, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences.”[15]
Two widespread consultations on the modernization of the Act have taken place. After the first consultation, the task force heading the review determined that women should remain a designated group. The fact that removing women as a designated group was being seriously considered is gravely concerning. Moreover, the task force relies on the Statistics Canada definition of gender when referring to women: “Gender refers to an individual's personal and social identity as a man, woman or non-binary person (a person who is not exclusively a man or a woman).”[16] This definition, then, includes males. As a result, any proactive employment practices developed for women specifically are rendered invalid by the inclusion of males.
Once again, women are not being protected from discrimination based on sex.
WOMEN AND GIRLS ARE EXPECTED TO WELCOME MALES INTO FEMALE-ONLY SPORTS
Because males are legally allowed to self-identify as women or girls, there is no barrier to their participating in female sports. As a result, women and girls are subjected to unfair competition, physical danger in competitions with stronger males, and lack of privacy and dignity.
“Male-born athletes (irrespective of gender identity or gender expression) have an unfair physical advantage in sports at all ages; an advantage that becomes more extreme during and after male puberty. The larger size and greater power of the male body can be outright dangerous to females in contact sports.”[17] Because of this unfair physical advantage, women and girls are being injured or are being bumped from positions on sports teams and podia by males who identify into their sports.
Additionally, women are being punished for speaking out about the presence of males in their sports. One case (there are others) is that of April Hutchinson, an elite powerlifter who was suspended for two years from her sport after criticizing a male who competed against her. While this suspension was later reduced to one year, the competitor she criticized received a sanction of half this amount (six months), despite publicly saying he wished Hutchinson a “painful death” and engaging in several other inappropriate and disrespectful behaviours.[18] [19] [20] [21]
The presence of males in female sports robs women and girls of their privacy and dignity by forcing women and girls to share locker rooms, communal showers, and hotel rooms with males. In one case (again, there are others) a 50-year-old male who identifies as a teenage girl competed in a teen swimming event and used the girls’ locker room, leaving parents and girls bewildered as to why this was allowed to happen.
In a statement about the incident, Swim Ontario, the provincial governing body of swimming in Ontario, said, “‘Swimming Canada and Swim Ontario believe swimming is for everyone’...that ‘people of all shapes, sizes, genders, beliefs and backgrounds should have the opportunity to swim to the best of their ability’...‘with the expectation that our registrants treat each other with respect and dignity, and keep our sport environment free from harassment and abuse’ and ‘this would include not targeting members of our community based on assumptions about their identity.’”[22]
WOMEN ARE INCARCERATED WITH MALE CRIMINALS
Prior to the 2017 amendment to the Canadian Human Rights Act, male prisoners were housed in facilities for men. Exceptions were made for males who had undergone sex reassignment surgery. In 2017, the Correctional Service of Canada adopted an interim policy that allowed prisoners to choose to be incarcerated according to their “gender” identity, that is, in a male or female prison. In 2022, the Correctional Service of Canada implemented Commissioner’s directive 100: Gender-diverse offenders (CD100), which grew out of the interim policy. As a result of this directive, male prisoners who identify as women may, if they wish, be housed in women’s prisons.[23] [24]
There is no evidence that female prisoners were consulted prior to the implementation of CD100. It is unclear if a gender-based analysis was applied to this policy.
Moreover, this policy is in contravention of Rule 11(a) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (“the Nelson Mandela Rules”): “Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate.”[25]
Currently, anywhere from 10-15 male inmates are housed in female prisons in Canada. Some have had penectomies; others are intact. Some are violent sexual offenders. A 2022 study performed by the Correctional Services of Canada revealed that 44.3% of “transgender”-identified male inmates housed in Canadian prisons had histories of sexual offences. One such individual, Adam Laboucan, is being housed in a women’s prison with a mother-baby unit despite having raped an infant.[26] [27]
The following are only some outcomes of having males in women's prisons:
● Males having sexual relations with women prisoners
● Sexual assault, bullying, and harassment of women
● The sense that males in women's prisons have more rights than the women
● The sense that prison officials side with male inmates in the event of conflict between males and females.
● The sense of a lack of support for women traumatized by the presence of/interactions with male prisoners.[28]
Many incarcerated women have voiced their concern about the dangers faced by female prisoners (who are among the most marginalized and vulnerable people in our society). However, their complaints are ignored or buried, resulting in the vast majority of Canadians being unaware that males, including violent sexual offenders, are being housed in female prisons.[29]
CRIME STATISTICS ARE RECORDED ACCORDING TO GENDER, NOT SEX
Since 2018, Statistics Canada has been asking police services to record the gender, not sex, of both the accused and the victim. One reason Statistics Canada provided for this change in recording practice is that to do so “alleviates the need for police to inquire about sex at birth.”[30]
As a result, statistics on male crimes against women are inaccurate. Moreover, statistics on female crimes are deceiving. For example, if a man who identifies as a woman rapes a woman, the accused is recorded as female.
WOMEN ARE DISCRIMINATED AGAINST FOR HAVING SEX-REALIST VIEWS
As a result of Bill C-16, a woman’s right to freedom of expression, a right guaranteed in Canada’s Charter of Rights and Freedoms, is in jeopardy. This is particularly true for women who do not accept gender ideology.
In the past couple of years, several cases of women being shut down in public meetings or being disciplined by employment tribunals have taken place.
One notable case is that of Amy Hamm, a nurse in British Columbia who while off-duty co-sponsored a billboard that read “I ♥ JK Rowling,” a renowned advocate for women’s rights.
Two people, neither of whom were patients of Ms Hamm, complained to the British Columbia College of Nurses and Midwives, a professional governing body. One complainant accused Ms Hamm of “promoting and stoking hate speech towards trans and gender-diverse communities.” The other complainant stated that Ms Hamm was “transphobic” and demanded she be barred from her current and all future nursing positions. The College undertook an investigation and charged Ms Hamm with unprofessional conduct and spreading disinformation.
From 2022 to 2024, Ms Hamm was subjected to more than 20 days of disciplinary hearings. “Throughout, Ms. Hamm’s legal counsel have argued that there is no evidence that Ms. Hamm engaged in unprofessional misconduct or had breached any standards or bylaws. They argued that her speech was reasonable, sincere, socially valuable, and scientifically supportable. They argued that there is no evidence of ‘discrimination’ or ‘harm’ resulting from her speech, and, most importantly, that the censorship of her speech violates her freedom of expression – protected by the Canadian Charter of Rights and Freedoms.”[31]
As of this writing, the case is still pending.
Ms Hamm has on numerous occasions been threatened with bodily harm for her sex-realist views.[32]
While this document cites the Amy Hamm case, this is not the only case in Canada. There are many other examples of women who have been harassed, doxxed, threatened with violence or death simply for speaking out against gender ideology. Many women express their views under cloak of anonymity. Others remain silent in an atmosphere of fear and intimidation.
GIRLS ARE BEING MUTILATED
Following in the footsteps of the amendment to the Canadian Human Rights Act is Canada's conversion therapy law. This law prohibits, among other things, any practice, treatment or service designed to repress a person’s “non-cisgender” gender identity or to repress or reduce a person’s gender expression that does not conform to the sex “assigned” to the person at birth.[33]
As a result of this legislation, the Canadian medical community may recommend “gender-affirming” surgery, even to minors:
“Hospitalizations and day surgery visits for bilateral mastectomies for gender reassignment surgery have risen sharply, from 536 in 2018-19, to 985 in fiscal 2022-23, according to data compiled for National Post by the Canadian Institute for Health Information [CIHI]. Of the 4,071 visits in total involving gender-affirming mastectomies or breast reductions reported since 2018, 602 involved youth 18 and under. Of those, 303 involved teens 17 and younger. The youngest age was 14… [It is important to note that] The CIHI data exclude Quebec hospitals as well as surgeries performed in private clinics like the McLean Clinic in Mississauga, which describes its surgeons as ‘industry pioneers’ for top surgery.”[34]
Those “teens” seeking and, with medical and parental approval, receiving double mastectomies on healthy breasts are girls, not boys. Double mastectomies on minor girls are being undertaken with little regard for potentially long-lasting negative effects of irreversible surgery and with little consideration that the girls will regret their childhood decisions.
Since the article cited above was published, two major reports have been issued on the subject of standards of care for people, especially children, suffering from gender dysphoria. Both the Cass Review[35] and WPATH Files[36] show how “gender-affirming” treatment is unscientific, experimental and unethical. The Government of Canada has not acknowledged these reports, and little, if anything, is being done at the government level to ensure girls in distress are receiving proper, evidence-based care.
RECOMMENDATIONS
We ask that CEDAW ask the Government of Canada:
To release the GBA for Bill C-16
To perform a new GBA if the existing one does not include an analysis of how Bill C-16 affects Section 15 of the Charter of Rights and Freedoms
To repeal or amend the amendment to the Canadian Human Rights Act, per the findings of the GBA(s)
To amend conversion therapy legislation to make clear that psychological or psychiatric treatment of people suffering from gender dysphoria is an option for treatment
To commission a systematic review of all available data on “gender-affirming” treatment for minors
To perform a GBA on CD100.
A FINAL NOTE: DISTRUST OF CEDAW AND UN WOMEN
UN Women “is the global champion for gender equality, working to develop and uphold standards and create an environment in which every woman and girl can exercise her human rights and live up to her full potential.”[37]
While these goals are admirable, it must be said that there is a large amount of distrust of the organization by women who are increasingly concerned by UN Women’s acceptance of “transgender-identifying” males under the umbrella of biological females.
By the same token, while CEDAW Article 1 states that the term “discrimination against women” means discrimination on the basis of sex, the IWRAW Asia Pacific refuses to provide funding to applicants “who do not share the same inclusive values, particularly those with trans-exclusionary and sex-worker-exclusionary positions.”
UN Women and CEDAW need to understand that not all women are in favour of “transgender” ideology, and that many women around the world feel that the support of “transgenderism” has seriously eroded women’s hard-won rights.
RECOMMENDATION
That UN Women and CEDAW work to ensure that sex and gender are balanced fairly to ensure sex discrimination against women is eliminated, and women are able to freely express concerns related to males self-identifying as women and without fear of backlash.
Signed,
Samantha Brown – Coordinator, WDI Canada
Dr. Linda Blade – caWsbar expert lead on women’s sports
Women’s Declaration International (WDI) – Canada coordinators:
Samantha Brown – Coordinator, WDI Canada Ghislaine Gendron – Coordinator, WDI Quebec
Leslie Cameron – Coordinator, WDI Alberta
Charlotte Garrett – Coordinator, WDI Saskatchewan
Kathleen Hays – Coordinator, WDI Manitoba
Nina Tryggvason – Coordinator, WDI BC & Yukon
Mary Catharine Kennedy – Coordinator, WDI Ontario
Canadian Women’s Sex-Based Rights (caWsbar) – Steering Committee members:
Heather Mason
Linda Blade
Maureen Sullivan
Trish Oliver
Tania Alessandrini
Liza Vespi
Amy Hamm
Toni Vonk
P.S. This report may be shared publicly on OHCHR’s website
[1] The Canadian Charter of Rights and Freedoms. Available at
[2] Bill C-16: An Act to amend the Canadian Human Rights Act and the Criminal Code. Available at
[3] What is Gender-based Analysis Plus. Available at
[4] Trudeau's Stealth Steal of Women's Rights. Available at
[5] Barbara Kay: Why won't the Liberal government make its Gender Based Analysis public? Available at
[6] Allow women and girls to speak on sex, gender and gender identity without intimidation or fear: UN expert. Available at
[7] State of the Criminal Justice System Dashboard. Available at
This is an example of one website. There are many others with similar or the same definitions.
[8] Post on X by Canadian Prime Minister, Justin Trudeau. Available at https://x.com/JustinTrudeau/status/1633468198636113922?t=FuRoL9ZkfQfFLFQ9VHSxCw&s=19
[9] Government of Canada highlights International Transgender Day of Visibility. Available at
[10] Introduction to GBA Plus. Glossary. Available at
[11] What is Gender-based Analysis Plus. Subsection: GBA Plus and gender equality. Available at
[12] What is gender-based violence? Available at
[13] Royal Commission on the Status of Women in Canada. Available at (3rd PDF, p. 418, recommendation 166)
[14] Women and Gender Equality Canada. Available at
[15] Employment Equity Act. Available at
[16] A Transformative Framework to Achieve and Sustain Employment Equity - Report of the Employment Equity Act Review Task Force. Available at
[17] "Out of scope?" Are they on dope? Available at
[18] I am April. Available at
[19] Transgender’ male powerlifter calls for ‘painful death’ and ‘eternal suffering’ of female competitor. Available at
[20] Canadian Powerlifting Union. Available at subsection “Other suspensions” https://www.canadianpowerliftingunion.com/current-suspensions
[21] Canadian Powerlifting Union Suspends Trans-Identified Male For Six Months After Threatening Women Who Had Been Critical Of His Participation In Female Sports. Available at https://reduxx.info/canadian-powerlifting-union-suspends-trans-identified-male-for-six-months-after-threatening-women-who-had-been-critical-of-his-participation-in-female-sports/
[22] WARMINGTON: Transgender female swimmer, 50, uses change room with young girls at Barrie event. Available at
23 Male-Bodied Rapists Are Being Imprisoned With Women. Why Do so Few People Care? Available at
[23] Commissioner's directive 100: Gender diverse offenders. Available at
[24] Rights and wrongs: How gender self-identification policy places women at risk in prison. Available at
[25] United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) : resolution / adopted by the General Assembly. Available at https://digitallibrary.un.org/record/816764?v=pdf
[26]Correctional Services of Canada Research Report: Examination of Gender Diverse Offenders. Available at:
[27] CANADA: Man Who Raped Infant Quietly Moved to Prison with Mother-Baby Unit After Transgender Claim. Available at https://reduxx.info/canada-man-who-raped-infant-quietly-moved-to-prison-with-mother-baby-unit-after-transgender-claim/
[28] The Prison Letters. Available at
[29] Open Letter to CAEFS from Criminalized Women. Available at
[30] Post on X by JenniferAnne_s. Available at https://x.com/JenniferAnne_s/status/1275443759916806147?t=SIpg0yV3FhidohzPu73RXw&s=19
[31] Nurse faces suspension after endorsing safe spaces for biological females. Available at
[32] Post on X by Amy Hamm. Available at https://x.com/preta_6/status/1800628497930490227?t=vq2zONEwVCHOAEIF1RA6eg&s=19
[33] An Act to amend the Criminal Code (conversion therapy). Available at
[34] Hundreds of trans teens under 18 have had breasts removed in Canada, new data show. Available at https://nationalpost.com/news/canada/transgender-top-surgery-canadian-children
[35] The Cass Review. Final Report. Available at https://cass.independent-review.uk/home/publications/final-report/
[36] The WPATH Files. Available at https://environmentalprogress.org/big-news/wpath-files
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