MONTREAL, Dec. 5, 2025 /CNW/ - The class action seeks damages for the alleged illegal interception of inmates' communications by telephone, mail, fax, and during visits by the Correctional Service of Canada ("CSC"). The Court has not decided whether Canada committed any wrongdoing. A trial will be held to determine what happened. There is currently no money available and no guarantee that there will be any.
However, affected individuals must make a choice to stay in the class action or Opt-Out before February 3rd, 2026. This notice will help them make an informed decision.
The class action covers 4 categories of claims:
1. Interceptions under Section 94
- Period Covered: October 29, 1992, to October 17, 2021
These claims allege deficiencies in CSC's processes for issuing authorizations to intercept inmate communications, and its operation and management of telephone, mail, and visitation systems in federal correctional institutions, which resulted in illegal interceptions. This is alleged to violate the Canadian Charter of Rights and Freedoms ("Charter") and the Crown Liability and Proceedings Act ("CLPA").
2. Unapproved Recordings
- Period Covered: May 23, 2012, to November 27, 2024
This claim concerns unauthorized interceptions by CSC through the Inmate Telephone System, "black phones," and during visits, in violation of the Charter and the CLPA. A "black phone" refers to a regular phone in a federal institution that does not require a card or PIN to operate.
3. Mail Interceptions
- Period Covered: April 27, 2015, to November 27, 2024
The claim concerns the alleged opening by CSC of privileged mail sent by a lawyer and/or the reading of mail from other persons without interception authorization under Section 94 of the Corrections and Conditional Release Regulations ("CCRR"), in violation of the Charter.
4. Fax Interceptions
- Period Covered: August 21, 2006, to November 27, 2024
The claim concerns alleged CSC practices in handling outgoing faxes from inmates to lawyers and other persons listed in the CCRR schedule, resulting in illegal interceptions in violation of the Charter.
Anyone who wishes to withdraw from the class action to pursue their own, separate lawsuit (subject to time limits) for these claims at their own expense, for one or more categories of claims, must opt out by February 3, 2026. To do so, they must return a signed opt-out form to the administrator Proactio before that date.
Important: Individuals who opt out will not receive any compensation that may be awarded in the class action.
If an individual meets one or more of the class definitions for the four categories of claims (see above), they are automatically included and do not need to take any action. Class members will be bound by all decisions and judgments (favorable or not). Those who remain in the class action will not be able to bring a separate, individual lawsuit for the claims covered.
Anyone wishing to pursue one or more of these claims through an individual lawsuit must withdraw from this action. You may have to pay money to a lawyer to represent you during an individual trial.
To receive future notices, visit www.proactio.ca/interceptedcommunications or send your name, date of birth, and contact details to [email protected].
The law firm Avize Law Group is the group's counsel. You do not have to pay for counsel now or for the trial.
Proactio, a subsidiary of Raymond Chabot, has been mandated for the deployment and management of notice distribution to group members.
Information: Email: [email protected]
Website: www.proactio.ca/interceptedcommunications
Phone: 514 393-4843
Toll-free: 888 895-0615
SOURCE Proactio
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