TORONTO, July 9, 2024 (GLOBE NEWSWIRE) — On Friday, July 5, 2024, the Ontario Superior Court of Justice certified a class action lawsuit against the Government of Canada over the controversial practice of detaining non-citizens awaiting immigration proceedings in provincial jails. Immigration detainees are individuals detained under the Immigration Act solely for immigration reasons. Friday’s certification decision allows the lawsuit to proceed as a class action on behalf of over 8,600 immigration detainees held by Canada in provincial jails since May 15, 2016.
The decision can be found at Richard v. Attorney General of Canada2024 ONSC 3800 (CanLII), https://canlii.ca/t/k5mx6
Under Canadian and international law, the detention of immigrants is administrative in nature and cannot be punitive in nature. Nevertheless, Canada has a long-standing practice of detaining thousands of immigrants in provincial prisons, through agreements with all provinces and territories except Nunavut. The class action lawsuit says this practice violates the Charter Rights of prisoners.
As Judge Glustein noted in his ruling, “immigration detainees were confined in provincial jails and subjected to the same conditions as criminal detainees. These included handling with violent offenders, the use of restraints such as leg and handcuffs, strip searches, and strict restrictions on contact and movement.”
Quotes:
Tyron Richard, representative plaintiff:
“It was important to me to file this lawsuit not only for myself, but also for the thousands of other immigration detainees who, like me, were locked up in provincial jails and treated like criminals, despite not even being charged with a crime. During the 18 months I spent in a maximum security prison, I felt an overwhelming sense of helplessness. It was hell on earth. I am proud that I can now stand up on behalf of the class and fight against this inhumane practice to ensure this does not happen to anyone else.”
Jon Foreman, Foreman & Company, Class Co-Advisor
“The people affected by this case are far too vulnerable. By putting them in prison, we are making clear that Canada has systematically violated their Charter rights.”
Subodh Bharati, SSB Law Chambers, Co-Counsel to the Class
“The certification decision is an important step in this litigation – the court has recognized that this challenge to the practice of detaining immigrants in prisons can be brought as a class action on behalf of the thousands of immigrant detainees Canada has incarcerated in prisons since 2016.”
Cory Wanless, Waddell Phillips, class co-advisors
“Canada must end the harmful practice of detaining immigrants in prisons – whether provincial or federal – once and for all. Immigrants and refugees come to Canada to find a better life for themselves and their children. It is beyond shocking that instead of being welcomed, they are put in maximum security prisons and literally treated like convicted criminals. It is a stain on Canada’s human rights record and a national disgrace. It must stop.”
For more information about this class action lawsuit, please visit the Class Counsel websites:
https://www.foremancompany.com/immigration-imprisonment
Contact the class advisor:
Subodh Bharati – SSB Bar Association
416.645.8855
[email protected]
Cory Wanless – Waddell Phillips
647.886.1914
[email protected]
Jonathan Foreman – Foreman & Company
519.914.1175×102
[email protected]
