Canadians could be part of new class-action lawsuit against a government agency
Canadians could be part of a class-action lawsuit alleging that the Correctional Service of Canada (CSC) illegally intercepted inmates’ communications.
On Dec. 5, Proactio shared a public notice of the ongoing class-action lawsuit, ensuring eligible class members are informed. Those eligible include current or former inmates, as well as members of the public whose communications have been unlawfully intercepted.
“The Court has not decided whether Canada committed any wrongdoing,” states the notice.
The allegations
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Avize Law Group, which represents the class, alleges that CSC illegally intercepted inmates’ communications by telephone, mail, fax, and during visits.
The notice details that CSC allegedly allowed staff to intercept inmates’ communications, which violates the Canadian Charter of Rights and Freedoms (“Charter”) and the Crown Liability and Proceedings Act (“CLPA”).
CSC is also being accused of allegedly recording conversations using the Inmate Telephone System, “black phones,” and during visits. The agency also faces allegations that it intercepted faxes and opened privileged mail from lawyers or members of the public without authorization.
Who’s eligible?
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You could be eligible to be part of the class action if you’re a current inmate, a former inmate, or a member of the public who communicated with an individual incarcerated at a CSC institution.
CSC allegedly incorrectly handled the correct procedures for authorized interception and recording of communications by phone, mail, fax, and visitation systems between inmates and non-inmates.
To qualify, both groups need to have been alive as of Nov. 27, 2024. The class action covers four categories of claims:
- Section 94 interceptions from Oct. 29, 1992, to Oct. 17, 2021
- Unapproved Recordings from May 23, 2012, to Nov. 27, 2024
- Mail interceptions from April 27, 2015, to Nov. 27, 2024
- Fax interceptions from August 21, 2006, to Nov. 27, 2024
What should you do next?
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For now, you don’t have to do anything. If you’re eligible, you’re automatically included in the lawsuit. Being part of the class group means you’re bound by all decisions and judgment, whether favourable or not, and you cannot sue Canada for these claims.
However, if you choose to exclude yourself from this lawsuit, you must send an opt-out form by Feb. 3, 2026.
“There is currently no money available and no guarantee that there will be any,” the notice states.
To stay informed on the status of the lawsuit, visit the Poractio website for updates.
There’s also an ongoing proposed class-action lawsuit against CSC alleging that the agency negligently permitted or failed to prevent the abuse of Black inmates in federal prisons.