TORONTO, July 09, 2024 (GLOBE NEWSWIRE) -- On Friday July 5, 2024, the Ontario Superior Court of Justice has certified a class action against the Canadian government regarding the controversial 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. Friday’s certification decision allows the lawsuit to move forward to trial as a class action on behalf of approximately 8,600+ immigration detainees detained by Canada in provincial prisons since May 15, 2016.
The decision can be found at Richard v. The Attorney General of Canada, 2024 ONSC 3800 (CanLII), https://canlii.ca/t/k5mx6
According to Canadian and international law, immigration detention is administrative in nature, and cannot be punitive. Nonetheless, Canada has a longstanding practice of detaining thousands of immigration detainees in provincial prisons through arrangements with all provinces and territories except Nunavut. The class action says that this practice violates the Charter rights of the detainees.
As noted by Justice Glustein in his decision, “Immigration Detainees were incarcerated in provincial prisons and encountered the same conditions as criminal inmates, including co-mingling with violent offenders, use of restraints such as shackles and handcuffs, strip searches, and severe restrictions on contact and movement.”
Quotes:
Tyron Richard, Representative Plaintiff:
“It was important to me to bring this lawsuit not just for myself but for the thousands of other immigration detainees who, like me, were incarcerated in provincial prisons and treated as if they were criminals despite not even being accused of a crime. I felt an overwhelming sense of helplessness during the 18 months I spent in a maximum-security prison. It was a living hell. I am proud that I am now able to stand up and fight back against this inhumane practice on behalf of the class to help make sure that it does not happen to anyone else.”
Jon Foreman, Foreman & Company, co-counsel for the class
“The people affected by this case are far too vulnerable. By placing them in jails, we assert that Canada has systematically violated their Charter rights.”
Subodh Bharati, SSB Law Chambers, co-counsel for the class
“The certification decision is an important step in this lawsuit – the court has recognized that this challenge to the practice of immigration detention in prisons can be brought as a class action on behalf of the thousands of immigration detainees that Canada has incarcerated in prisons since 2016.”
Cory Wanless, Waddell Phillips, co-counsel for the class
“Canada must stop the harmful practice of incarcerating immigration detainees in prisons – whether provincial or federal – for once and for all. Immigrants and refugees come to Canada seeking a better life for them and their children. It is beyond shocking that instead of being welcomed, they are thrown in maximum security prisons and treated, quite literally, as if they are convicted criminals. It is a stain on Canada’s human rights record and a national embarrassment. It has to stop.”
More information about this class action is available on Class Counsel’s websites:
https://waddellphillips.ca/class-actions/immigration-class-action/
https://www.foremancompany.com/immigration-imprisonment
Class counsel contact:
Subodh Bharati – SSB Law Chambers
416.645.8855
subodh@ssblaw.ca
Cory Wanless – Waddell Phillips
647.886.1914
cory@waddellphillips.ca
Jonathan Foreman – Foreman & Company
519.914.1175 x 102
jforeman@foremancompany.com
