Ontario's Highest Appeal Court Directs Major Human Rights Case to Proceed to Trial as a Class Action

TORONTO, Oct. 27, 2025 /CNW/ - In a major procedural victory, the Ontario Court of Appeal has unanimously upheld the certification of a national human rights class action challenging Canada's practice of placing immigration detainees in provincial jails.

The matter is directed to proceed to trial as a Class Action.

In Richard v. Canada (Attorney General), more than 8,300 non-citizens detained in provincial and territorial prisons between 2016 and 2024 will pursue claims that the Canada Border Services Agency (CBSA) violated their Charter rights and acted with systemic negligence. These immigration detainees were held in 87 provincial jails under agreements between CBSA and provincial governments. Many were asylum seekers or permanent residents. 

The class members were detained in jails for purely administrative reasons. None of the members of the certified class were detained for criminal charges.

All provinces have now ended their immigration detention agreements and arrangements with the CBSA.

The Court of Appeal confirmed that claims alleging systemic negligence and breaches of sections 7, 9, 12 and 15 of the Charter should proceed to trial. These claims concern fundamental rights concerning liberty, arbitrary detention, cruel treatment, and discrimination. The Courts have ruled that those claims raise common legal and factual issues for the class which are deserving of adjudication at trial.

Human-Rights Criticism

The Canadian Red Cross, the UN Human Rights Committee, Human Rights Watch, and Amnesty International have all criticized Canada for detaining non-citizens in jails alongside convicted offenders, subjecting them to strip searches, lockdowns, segregation, and restricted access to counsel and family.

Their findings describe these practices as inconsistent with international standards, which require immigration detention to be non-punitive, humane, and a measure of last resort.

Quotes:

"Today I am thinking about the thousands of other individuals like me who were housed in horrible conditions in jails. We didn't deserve this. My hope is this lawsuit makes a difference so that what happened to us does not happen to anyone else."

- Tyron Richard, Representative Plaintiff

"This case is about human dignity. For years, people who came here seeking safety were shackled, strip-searched, and locked in maximum-security cells beside convicted criminals. Immigration detention is supposed to be administrative, not punitive. The Court has made clear that these practices deserve full judicial scrutiny."

- Subodh Bharati, co-counsel for the class

 "Canada must immediately stop the harmful practice of jailing immigrants and refugees for administrative convenience, and must compensate those who have been harmed. It's shocking that, instead of being welcomed, people seeking protection are treated like criminals."

- Cory Wanless, co-counsel for the class

"Our clients are among the most vulnerable people in the Canadian legal context. The class members may face language barriers, cultural differences, a lack of resources, lack of familiarity with Canadian laws and legal processes, and a lack of official travel documentation among other vulnerabilities. Many suffer from mental health concerns. This action alleges that none of these vulnerable people should ever have been placed in a jail simply because they aren't Canadian citizens. It is important that the courts will finally examine that practice and the harm that it causes."

- Jonathan Foreman, co-counsel for the class

Class members are represented by:

SSB Law Chambers
Phillips Barristers Professional Corporation
Foreman & Company Professional Corporation

SOURCE Foreman & Company Professional Corporation

Media contacts: Subodh Bharati (SSB Law) - [email protected] 416.645.8855; Jonathan Foreman (Foreman & Company) [email protected] 519.914.1175 ext. 102