Confusion surrounding two recent cases involving women inmates in Ontario who are transgender — one sent to a men’s jail, the other housed with females — underscore the need for clear and readily accessible provincial guidelines, says the union for the guards and a lawyer with expertise in the area.

Too much is left to the decision of correctional officers and managers who happen to be on duty at the time that these cases crop up, says Kyle Kirkup, a Toronto lawyer with expertise in LGBTQ issues.

But the Ministry of Community Safety and Correctional Services says its policy does allow for “discretion’’ in sorting out the needs of these inmates and those in custody around them.

In a case a few weeks ago, Avery Edison, a transgender woman from the U.K., was stopped by customs at Pearson airport for overstaying her previous visit, and detained for a day in a men’s jail before being sent to a women’s facility.

Edison, a comedian who self-identifies as female, was sent to Milton’s Maplehurst Correctional Facility for men. After an outcry from the public on social media and her lawyer’s intervention, she was transferred to the Vanier Centre for Women, also in Milton.

Meanwhile, in Ottawa, a transgender woman who also identifies as female was sent to the women’s section of the Ottawa-Carleton Detention Centre in the last week. But dealing with this woman caused “confusion’’ and angst among guards at the jail, says Dan Sidsworth, chair of the Ontario Public Service Employees Union (OPSEU) local that represents the guards.

He added that in the past, such prisoners have been sent to the male section of the jail.

“It’s an ongoing issue. She’s not the only one in custody. We have three other offenders in custody today who are transgender,’’ Sidsworth said in an interview.

Clear direction to staff as to where to house the woman at Ottawa-Carleton was “lacking’’ Sidsworth said in an interview. There were also questions around the level of security to assign her.

But according to the Ontario Ministry of Community Safety and Correctional Services policy, the ministry deals with the sexual identity of its inmates on a “case-by-case basis.’’

Saying transgender inmates bring “unique’’ circumstances, the ministry says care must be taken to ensure that the dignity of the person is respected when determining the most suitable and safe location to hold the inmate, adding that ministry officials conduct a screening process for every inmate that is admitted into provincial custody.

An individual may self-identify as transgender or the facility may be notified by authorities that the individual is transgender, and correctional officers must take self-identification into account along with “objective evidence such as medical evidence or other physical attributes in determining the appropriate placement’’ of these inmates, the policy says.

The policy does allow for “discretion’’ in recognizing the needs of the inmates and others in custody in institutions, the policy continues.

These guidelines aren’t easy for the public to find, says Kirkup. He believes self-identification should be a key priority.

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“Even when you try to search for what the policy is, there’s no way to find the policy without going through a series of administrative channels,’’ he says.

The policy is different for federal inmates in Canada.

According to a section of Correctional Service Canada’s Commissioner’s directive, “pre-operative male-to-female offenders with gender identity disorder shall be held in men’s institutions and pre-operative female to male offenders with gender identity disorder shall be held in women’s institutions.’’

With files from Nicholas Keung