Canada falling behind as U.K.’s top court affirms sex-based definition of women

The United Kingdom’s top court has ruled that the legal definition of a woman is based on biological sex, setting off a stark contrast with Canada’s Charter-backed policy.

Source: Wikimedia Commons

The United Kingdom’s top court has ruled that the legal definition of a woman is based on biological sex, setting off a stark contrast with Canada’s Charter-backed policy that identifies self-described gender identity as a protected group — even in sex-segregated spaces.

In a unanimous decision, the U.K. Supreme Court ruled that the term “woman” in anti-discrimination law applies only to biological females, excluding transgender individuals from spaces like change rooms, hospital wards, and sports teams when those facilities are designated for women.

Conversely, Bill C-16, introduced in 2016 by former prime minister Justin Trudeau’s government, added gender identity and gender expression as protected grounds under the Canadian Human Rights Act and the Criminal Code.

Correctional Service Canada has confirmed it places inmates in facilities based on their gender identity, stating it applies “fair and impartial decision-making methods” to meet the needs of transgender offenders.

“Everyone knows what sex is, and you can’t change it,” said Susan Smith, co-director of For Women Scotland, the feminist group that brought the legal challenge, according to the Toronto Sun. “It’s common sense, basic common sense, and the fact that we have been down a rabbit hole where people have tried to deny science and to deny reality, and hopefully this will now see us back to reality.”

Equality and Human Rights Commission Chairwoman Kishwer Falkner said the ruling would help bring clarity.

“Single-sex services like changing rooms must be based on biological sex,” Falkner told the BBC. “If a male person is allowed to use a women-only service or facility, it isn’t any longer single-sex, then it becomes a mixed-sex space.”

The case challenged a 2018 Scottish law that required women to make up at least 50 per cent of public board members, where the government had counted transgender women with gender recognition certificates as part of the quota.

The Supreme Court ruled that doing so “would create heterogeneous groupings” and conflict with the Equality Act, which defines sex based on biology.

Liberal Leader Mark Carney offered a muddled response when True North journalist Alex Zoltan recently asked whether biological women should have the right to access spaces without biological males, including in sports, change rooms, washrooms, prisons, and homeless shelters.

“This is Canada,” Carney replied. “That as a general objective, yes. We…work…where we value all Canadians…for who they are and we’ll continue to do so.”

Asked how many genders exist, Carney answered: “In terms of sex, there are two, thank you.”

Conservative Leader Pierre Poilievre has taken a firmer position.

“Female sports, female change rooms, female bathrooms should be for females, not for biological males,” he said last year.

Poilievre has pledged to keep biological males out of women’s prisons, referencing the case of Mohamad Al Ballouz — a convicted triple murderer who now claims to be a woman and has requested a transfer to a women’s facility.

“Surreal: A man who killed his wife and two kids now claims he is a woman to go to a female prison,” Poilievre said. “I can’t believe I have to say this: but when I’m prime minister, there will be no male prisoners in female jails. Period.”

In Canada, Correctional Service policy currently allows inmates to be housed based on their self-identified gender — not their anatomy.

Poilievre repeated the sentiment in the French debate Wednesday night.

“We will not pass legislation that would restrict the right to abortion. That's been our policy for 20 years, and it won’t change. That's a guarantee that I make to you. We will, in fact, broaden women’s rights by dealing with crime against women,” said Poilievre.

“Women are often victims of assaulters who are released because of liberal legislation. They are released repeatedly and that allows serious criminals to repeat offend against women. And we are going to lock those people up. We are going to lock those men up to protect women against violence.”