“Coming Out as Female Has Been a Gradual Process”: Combating Trans Necropolitical Governance in Canadian Corrections

Abstract This article examines Bianca Lovado’s human rights complaints as the first trans woman transferred from a men’s to a women’s remand facility in British Columbia, Canada. Despite the initial transfer, upon re-arrest, Ms. Lovado was inconsistently placed in men’s and women’s facilities and was denied gender-affirming care between 2015 and 2019. Drawing on theories of biopolitical and queer/trans necropolitical governance, I conduct a thematic analysis of her five complaints against BC Corrections. The paper investigates how, despite human rights legislation protecting gender identity and expression, cisnormative sex-based correctional logics regulate trans prisoners. Building on Foucault’s institutions of power , I identify how cisnormative techniques of power led Ms. Lovado to face necropolitical violence via incorrect prison placement and denial of gender-affirming care. Analyzing how Ms. Lovado uses the tribunal to combat necropolitical violence, this paper illustrates the consequences of sex as an institution of power governing over gender, despite equal protections in Canadian law.

Authors

Publication Details

Journal
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
Published
2025-04-01
DOI
https://doi.org/10.1017/cls.2024.33
Citations
2
Primary Topic
Feminism, Gender, and Sexuality Studies
Type
article
Field-Weighted Citation Impact
7.73
Controls
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article

“Coming Out as Female Has Been a Gradual Process”: Combating Trans Necropolitical Governance in Canadian Corrections

Sam Ghebrai
2 citations
Canadian Journal of Law and Society / Revue Canadienne Droit et Société
Feminism, Gender, and Sexuality Studies
7.73
article

“Coming Out as Female Has Been a Gradual Process”: Combating Trans Necropolitical Governance in Canadian Corrections

Sam Ghebrai
article en
2 citations

Abstract

Abstract This article examines Bianca Lovado’s human rights complaints as the first trans woman transferred from a men’s to a women’s remand facility in British Columbia, Canada. Despite the initial transfer, upon re-arrest, Ms. Lovado was inconsistently placed in men’s and women’s facilities and was denied gender-affirming care between 2015 and 2019. Drawing on theories of biopolitical and queer/trans necropolitical governance, I conduct a thematic analysis of her five complaints against BC Corrections. The paper investigates how, despite human rights legislation protecting gender identity and expression, cisnormative sex-based correctional logics regulate trans prisoners. Building on Foucault’s institutions of power , I identify how cisnormative techniques of power led Ms. Lovado to face necropolitical violence via incorrect prison placement and denial of gender-affirming care. Analyzing how Ms. Lovado uses the tribunal to combat necropolitical violence, this paper illustrates the consequences of sex as an institution of power governing over gender, despite equal protections in Canadian law.

Canadian Journal of Law and Society / Revue Canadienne Droit et SociétéVol. 40(1)
Openalex Percentile: Top 4%
Feminism, Gender, and Sexuality Studies
7.73
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