The claim asserts that the CBSA, acting on behalf of Canada, detained non-citizens (“Immigration Detainees”) in provincial and territorial correctional facilities (“Provincial Prisons”) for strictly administrative reasons.

It further alleges that Canada’s practice of detaining Immigration Detainees in Provincial Prisons amounts to systemic negligence and infringes upon the Charter rights of class members.

According to the claim, Immigration Detainees are treated in the same manner as criminal inmates, including being subjected to handcuffing, shackling, strip searches, confinement in small cells, solitary confinement, strict institutional routines, constant surveillance, and significant limitations on access to family, legal counsel, and the outside world.

The claim also alleges that the CBSA discriminates against a subgroup of Immigration Detainees with mental health conditions by relying on inaccurate and negative stereotypes to justify their detention in Provincial Prisons. These individuals are allegedly more likely to be classified as higher risk and detained on the basis of their disability, in violation of their Charter rights.

Finally, the claim asserts that exposure to these stressful and potentially dangerous environments causes serious harm to Immigration Detainees, including both physical and psychological injuries.

Class Definition

You may be a class member 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.

• Statement of Claim
• Reasons of Glustein, J. (Certification)
• ONCA Decision (Certification)