Overview of the case
The Supreme Court of Canada has called strip searches “inherently humiliating and degrading.” Consequently, such searches require a higher degree of justification than other types of searches before they can lawfully be carried out.
The Correctional Services of Canada (“CSC”) is routinely conducting illegal and unnecessary strip searches. The Corrections and Conditional Release Act (“CCRA”) restricts suspicionless strip searches to “situations in which the inmate has been in a place where there was a likelihood of access to contraband.” But CSC conducts suspicionless strip searches in four situations that do not meet this standard:
(1) when leaving a prison;
(2) when entering or leaving a secure area;
(3) when entering a family visitation area; and
(4) in prison-to-prison transfers.
Although strip searches in these situations are supposedly authorized by Regulation, the Regulation itself clearly conflicts with the CCRA.
CSC has illegally strip searched individuals in those situations hundreds of thousands of times and has thus violated their rights under the common law and the Canadian Charter of Rights and Freedoms. These intrusions are not trivial. Prisoners are generally forced to remove all of their clothing, bend over, spread open their buttocks, manipulate their genitalia, remove soiled tampons, and/or cough while squatting naked in front of others. All of their bodily orifices are inspected.
On March 3, 2023, the Ontario Superior Court of Justice certified the class action. The details can be found in the Court’s Certification Decision.
More information on the case can be found in the Statement of Claim.
Frequently asked questions
1. What is a class action lawsuit?
A “class action” is a lawsuit that is brought on behalf of a group of people who have legal claims with common issues. In a class action, a person called the “representative plaintiff” represents the interests of the group of people who are covered by the lawsuit. The people covered by a class action lawsuit are called “class members.”
2. Am I part of the class action (i.e., a class member)?
You are a member of the proposed class if you were imprisoned in a federal penitentiary on or after June 18, 1992. Note that the definition of the class is still subject to change, which could impact whether you continue to be a member of the proposed class.
3. How do I join the class action lawsuit?
For class actions commenced in Ontario, like this one, you do not need to “join” a class action lawsuit. You are automatically a class member and part of the class action lawsuit if you fall within the definition of the class of people who are covered by the lawsuit (see #2 above) unless you opt-out in accordance with the applicable deadlines and legal processes.
If the class action is successful, you may need to do something to claim your share of any financial compensation. A notice would be sent out. To help make sure that the notice can be sent out to you, please send the following information to amanda@elsonadvocacy.ca or Elson Advocacy, 1062 College Street, Lower, Toronto, Ontario, and M6H 1A9:
- Your full name,
- An email address (if applicable),
- Mailing address,
- The start and end dates of your federal incarceration, and
- The prisons you were held in.
If your contact details change, please provide us with your new details by emailing amanda@elsonadvocacy.ca.
4. What is the claim for?
The purpose of this class action lawsuit is to preserve and affirm the fundamental civil liberties and rights of the class members who have endured unlawful strip searches in a Canadian federal penitentiary.
The lawsuit is seeking monetary compensation for class members, declarations by the Court regarding the lawful scope of suspicionless strip searches, and other relief.
If the lawsuit is successful or if it is settled at any time the Court must approve all aspects of the proposed settlement.
5. What will happen next?
The lawsuit has been “certified,” which means the court has granted permission for it to proceed as a class action. The next steps will involve notice to class members and various steps to prepare for a trial. It is also possible that the lawsuit may be resolved at an earlier stage through a court-approved settlement.