Immigration Imprisonment Class Action

Court:
Ontario Superior Court of Justice

Class Members:
If you were detained by the Canadian Border Security Agency (the “CBSA”) under Division 6 of Part 1 of the Immigration and Refugee Protection Act in a provincial or territorial correctional facility as of May 16, 2016, you may be a member of the proposed class.

Co-counsel:
Foreman & Company is working in concert with Waddell Phillips Professional Corporation  and SSB Law Chambers to prosecute this matter.

 

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

 

Case Contacts

 
 

The claim alleges that the CBSA, acting as an agent for Canada, detains non-citizens (“Immigration Detainees”) in provincial and territorial correctional facilities (“Provincial Prisons”). It alleges that Canada’s detention of Immigration Detainees in Provincial Prisons is a violation of their Charter rights, in breach of Canada’s tort and fiduciary duties, and contrary to domestic and international laws that mandate that immigration-related detention is and must be administrative and non-punitive in nature.

Canada established Immigration Holding Centres to house Immigration Detainees in administrative detention settings for immigration related purposes. Despite the existence of those facilities, the vast majority of days spent by Immigration Detainees in detention occur in Provincial Prisons, where Immigration Detainees are allegedly incorporated into the general inmate population. The action alleges that Immigration Detainees are treated as though they are criminal inmates themselves, where they are subjected to being handcuffed, shackled, strip-searched, confined to small prison cells, subjected to solitary confinement and rigid routines, under constant surveillance, and their access to their families, legal counsel, and the outside world are severely restricted.

Further, the CBSA allegedly discriminates against Immigration Detainees with mental health conditions, relying on false negative stereotypes to justify their detention in a Provincial Prison. The claim alleges that these individuals are much more likely to be deemed by Canada to be higher risk and detained in Provincial Prisons because of their disability, contrary to their Charter rights.

This exposure to tense and dangerous environments, whether prolonged or brief, causes real and substantial harm to the Immigration Detainees. The plaintiffs allege they have suffered physical and psychological injuries as a result.

 
 

Case Status

The Statement of Claim was issued on May 16, 2022. The Certification Motion has been scheduled to proceed in June, 2024. Further information will be posted as this matter proceeds.

 

Who Represents Me?

Inquiries should be directed to:

Email:
classactions@foremancompany.com

Phone:
Anni Barry - 519.914.1175 x 107

Mail:
Foreman & Company
Attention: Jonathan J. Foreman
4 Covent Market Pl
London, ON N6A 1E2