Immigrant Detainee Class Action
Koskie Minsky LLP and Henein Hutchison LLP have commenced a class action against the Government of Canada and the Province of Ontario alleging human rights violations relating to the treatment of immigrant detainees in Ontario’s prisons.
The statement of claim issued on August 11, 2016 alleges, among other things, that the Canada Border Services Agency and the Ontario Ministry of Community Safety and Correctional Services have been negligent and have breached the Canadian Charter of Rights and Freedoms in incarcerating immigrant detainees in Ontario’s correctional facilities. The action was certified by the Superior Court of Justice on November 27, 2017.
The class includes all persons detained under Division 6 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 at Ontario correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22 (the “Correctional Institutions”) between May 30, 2009 and November 27, 2017 (solely with respect to their detention under Division 6 of the Immigration and Refugee Protection Act), except the “Excluded Persons”. “Excluded Persons” are all persons who were detained at the Elgin-Middlesex Detention Centre, the Ontario Correctional Institute and the St. Lawrence Valley Correctional and Treatment Centre (solely with respect to their detention under the Immigration and Refugee Protection Act at those Correctional Institutions).
Godday Dadzie, an Ivory Coast national formerly incarcerated in the Central East Correctional Centre in Lindsay, Ontario, and Al Zeekehmens, a Liberian national formerly incarcerated in Maplehurst Correctional Complex in Milton, Ontario are the representative plaintiffs.
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