An Ontario court has approved a class-action lawsuit against the federal government, initiated by immigration detainees held in provincial jails. Representing 8,360 individuals detained by the Canada Border Services Agency (CBSA) between 2016 and 2023, the suit addresses the harsh conditions faced by detainees, who were treated like criminal inmates.
Justice Benjamin Glustein highlighted that detainees were subject to conditions such as co-mingling with violent offenders, restraints, strip searches, and restricted contact and movement. This practice allegedly violates the Charter rights of detainees, who, under both Canadian and international law, should not face punitive measures.
The CBSA's practice of detaining foreign nationals in provincial jails, including those not considered dangerous but deemed flight risks, is a key focus. Since 2022, many provinces have ceased these agreements, citing human rights concerns.
One plaintiff, Tyron Richard, endured 18 months in maximum security jails under severe conditions, describing his experience as a "living hell." He now seeks to end these practices through the lawsuit, which seeks $100 million in damages.
The federal government has yet to comment or indicate if it will appeal the decision. The court’s certification of the lawsuit marks the beginning of a prolonged legal battle to address the treatment of immigration detainees in Canada.
