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.
For further information:
Toll Free number: 1-866-777-6309
March 20, 2023
Justice Glustein of the Ontario Superior Court of Justice has approved an updated trial timetable for this class action. The parties are now anticipating that the trial will commence in September 2024.
May 18, 2022
On May 10, 2022, the Justice Glustein of the Ontario Superior Court of Justice set a new timetable for the steps toward trial in this class action. The trial is now expected to begin in January 2024. At this time, the Plaintiffs and the Defendants are continuing the processes of documentary and oral discoveries.
July 9, 2020
The parties are currently conducting examinations for discovery, in preparation for trial.
November 27, 2017
Justice Glustein certified this class action as a class proceeding. A copy of the certification order can be found here. A copy of the certification reasons can be found here.
April 12, 2017
The plaintiffs have delivered their materials in support of the certification motion, which is returnable on December 7, 2017.
August 11, 2016
The Statement of Claim was issued today.
- March 20, 2023
- March 21, 2022 Amended Amended Statement of Claim
- May 31, 2018 Statement of Defence and Crossclaim
- May 30, 2018 Statement of Defence
- February 18, 2018 Amended Statement of Claim
- December 22, 2017 Long Form Notice
- December 22, 2017 Avis de règlement proposé (version longue)
- November 29, 2017 Reasons for Decision
- November 27, 2017 Certification Order
- August 11, 2016 Statement of Claim
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
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Toll Free number: 1-866-777-6309