IMPORTANT UPDATE

The Court of Appeal for Ontario has upheld the certification of this action.

See below for more information.

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 between May 15, 2016 and July 5, 2024, you may be a member of the proposed class.

Co-counsel:
Foreman & Company is working in concert with Phillips Barristers 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, detained non-citizens (“Immigration Detainees”) in provincial and territorial correctional facilities (“Provincial Prisons”) for purely administrative purposes. None of the members of the certified class were detained for criminal charges.

The action alleges that Canada’s detention of Immigration Detainees in Provincial Prisons constitutes systemic negligence and that it is a violation of class members’ Charter rights.

The action alleges that Immigration Detainees are treated as though they are criminal inmates themselves, where they are subjected to handcuffing, shackling, strip-searches, confinement to small prison cells, subjected to solitary confinement and rigid routines, kept under constant surveillance, and their access to their families, legal counsel, and the outside world are severely restricted.

Further, the CBSA is alleged to discriminate against a subclass of 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.

On July 5, 2024, the Ontario Superior Court of Justice certified the class action against the Canadian government regarding the practice of incarcerating non-citizens awaiting immigration proceedings in provincial prisons. Immigration Detainees are individuals who have been detained under immigration law for immigration reasons only.

Canada sought to appeal the certification decision. On October 22, 2025, the Court of Appeal for Ontario dismissed Canada’s appeal and upheld the certification decision.

As a result, the Courts have determined that the lawsuit can move forward to trial as a class action on behalf of approximately 8,300+ Immigration Detainees detained by Canada in provincial prisons between May 15, 2016 and July 5, 2024.

Copies of the Courts reasons for decision and orders can be found below.