It’s one of those cases where it’s impossible to completely respect the rights of everyone involved: either this one woman must remain in an environment where she may be at risk, or all the other female inmates at the prison she’s transferred to are put at risk. Voluntary solitary confinement on her part likely represents the lowest physical risk to everyone, although I doubt it’s helping this woman’s mental state.

If we’re going to continue incarcerating people who have committed sex offenses against others of the same gender (and realistically, what else can we do with them?) we need a better framework for handling the situation. Letting gay male offenders get beaten to death in a men’s prison is, if anything, even worse than this—it’s effectively a death penalty by proxy. But I’m at a loss for a solution.

Fuhrer’s decision detailed a catalogue of sex crimes committed by Cooper. Those include attacking strangers in parking lots and at a bus stop in the 1990s. While incarcerated, she has been accused of sexually assaulting correctional and parole staff.

Last year, she became increasingly verbally abusive, according to an affidavit from a correctional official. She was fixated on a particular female staff member, and was denied access to a number of others due to “inappropriate behaviour and comments,” the judge said.

“The evidence discloses a pattern of escalating aggressive, violent behaviour, mostly toward women, by Ms. Cooper,” Fuhrer wrote.

According to the ruling, Cooper admitted she had many more victims than indicated by her criminal convictions. When she arrived at Atlantic Institution following her gender surgery, she was apparently hiding razor blades in her sneakers, the judge said.

I mean, yeah. Obviously AFAB can be lesbian sex offenders too, but you’re talking about someone who’s sexually assaulted many female victims in the past, still hasn’t changed their ways and finds targets even in an all-male-inmate prison, was incarcerated when she still identified as male and seemingly has been for a long time, has (per the judge) failed to show that her safety in the male prison isn’t being respected, and has allegedly gotten even worse in the past year.

Not only is this likely saving a lot of inmates at the female prison from being sexually assaulted, but it’s probably safer for Cooper herself. I know Canadian prisons are better-maintained than US ones, but I still can’t imagine the target painted on her back when inmates hear there’s an older trans woman with an extensive history of sexually assaulting women who petitioned to be transferred – let alone if she tries to continue that behavior.

Seems like this decision was made strongly based on this individual’s history and that everyone’s safety was considered.

Indeed - the judge’s own words deserve consideration.

“It is not without some reluctance that I thus dismiss this judicial review application, because it means leaving Ms. Cooper, a woman, in a male institution. These reasons and judgment should not be viewed, however, as any kind of blanket determination that a transgender or gender-diverse inmate who is designated as a [dangerous offender] cannot be transferred to an institution that aligns with their gender identity, and that may happen eventually for Ms. Cooper. Each such case will depend on their unique circumstances."

We as Canadians have rights, and so does Ms. Cooper, including with respect to how she wishes to identify herself. However, these rights are conferred “subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”.

In this case, given a previously established pattern of criminal sexual behaviour of Ms. Cooper around women, limits to Ms. Cooper’s rights in this case seem to me to be demonstrably justified, for her safety and the safety of those around her.

Do you think lesbian cis-gender female inmates should put in solitary confinement?

i mean she is reaping the consequences of her actions. i dont advocate for prison rape, but maybe feeling that fear will do her some good. assaulting prison staff is WILD. she should prolly be chained to a wall.