The discrimination experienced by FSW – both in the primary discriminatory practices and the ongoing failure to remedy those practices - violates a number of rights enshrined in international human rights instruments to which Canada is signatory or has made a commitment to honour.

This paper is written in honour of FSW with the aim of highlighting CSC’s breach of the fiduciary duty it owes to FSW, and CSC’s further breaches of the international human rights of FSW. NAWL urges the Canadian Human Rights Commission to recognize the particular vulnerability of FSW as outlined throughout this paper, and as evidenced in FSW’s interaction with the legal system, including human rights commissions or other bodies charged with investigating their circumstances and treatment. Due to the power imbalance between FSW and their jailers, CSC, and the marginalization most FSW have experienced both inside and outside of prison, it may be difficult for FSW to speak about their experiences and to expect a response from government bodies.¹¹⁹

CSC’s continued failure to remedy discrimination against FSW must be redressed; the Canadian Human Rights Commission is strongly urged to heed the words of Professor Michael Jackson, and demand that CSC ameliorate the discrimination faced by FSW:

… it takes vigilance and courage, both individual and collective, to ensure that human rights are protected at those points where they become most vulnerable. Within Canada, that vulnerability is nowhere more evident than inside penitentiaries.¹²⁰