Certification: First Step to Access to Justice for Immigration Detainees —

The recent decision of the Ontario Superior Court of Justice in Richard v The Attorney General of Canada illustrates that the amendments to the preferable procedure requirements in the Ontario Class Proceedings Act, 1992 are no impediment to Charter breach claims asserted by
vulnerable class members. The court certified the class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition. The claim asserts causes of action for Charter breaches and in negligence.