Class Actions

Crown Ward Citizenship Class Action —

This proposed class action is brought against the Ontario government on behalf of Crown Wards who were not Canadian citizens during their Crown wardship. It alleges that the government was negligent and breached its fiduciary duty to seek and secure Canadian citizenship for the class members and/or to obtain and secure the necessary documentation for a citizenship application, leaving the Class Members stranded without citizenship or the ready means to obtain it upon their release from Crown custody.

Case Overview

“Crown Wards” are children who were removed from their parents, families and/or guardians and placed into the care of the government. Crown Wards are an extremely vulnerable group of children and young people, and require the highest level of legal protection while being cared for by the Crown.

The proposed class action alleges that since 1966, the Crown has systematically failed to seek and secure Canadian citizenship for the benefit of Crown Wards who were not Canadian citizens at the time they were placed into care (“Immigrant Crown Wards” or the “Class”). The claim also alleges that the Crown failed to maintain, protect and preserve the immigration status of Immigrant Crown Wards, or to obtain, maintain and preserve their citizenship, nationality and/or immigration records.

The Plaintiff and other class members were Immigrant Crown Wards, and remained immigrant non-Citizens when they left Crown wardship, despite having been eligible to apply for Canadian citizenship while they were Crown wards.

The claim alleges that the failure to seek and secure Canadian citizenship for the Class, and to otherwise maintain, protect and preserve their immigration status, or to obtain, maintain and preserve their citizenship, nationality and/or immigration records, has damaged the Plaintiff and other Class members. As a result of the Crown’s failure, the Class have been put at risk of deportation; denied their democratic rights; denied the benefit of s. 6 of the Charter; denied the right to hold a Canadian passport; lost educational and employment opportunities; suffered a profound loss of identity, community and belonging; and suffered other harms as set out in the claim.

Kiwayne Jones is the proposed representative plaintiff for this proposed class action. Waddell Philllips Professional Corporation are class counsel along with Julie M. Kirkpatrick Professional Corporation and Valent Legal.

You can read more about Kiwayne Jones’ story here: Toronto Star, “Lawsuit accuses Ontario government of leaving foreign born Crown wards in the lurch” https://www.thestar.com/news/gta/2018/03/09/lawsuit-accuses-ontario-government-of-leaving-foreign-born-crown-wards-in-the-lurch.html

Were you a Crown ward who left care without Canadian citizenship?

If so, we would like to hear from you.

Case Overview

“Crown Wards” are children who were removed from their parents, families and/or guardians and placed into the care of the government. Crown Wards are an extremely vulnerable group of children and young people, and require the highest level of legal protection while being cared for by the Crown.

The proposed class action alleges that since 1966, the Crown has systematically failed to seek and secure Canadian citizenship for the benefit of Crown Wards who were not Canadian citizens at the time they were placed into care (“Immigrant Crown Wards” or the “Class”). The claim also alleges that the Crown failed to maintain, protect and preserve the immigration status of Immigrant Crown Wards, or to obtain, maintain and preserve their citizenship, nationality and/or immigration records.

The Plaintiff and other class members were Immigrant Crown Wards, and remained immigrant non-Citizens when they left Crown wardship, despite having been eligible to apply for Canadian citizenship while they were Crown wards.

The claim alleges that the failure to seek and secure Canadian citizenship for the Class, and to otherwise maintain, protect and preserve their immigration status, or to obtain, maintain and preserve their citizenship, nationality and/or immigration records, has damaged the Plaintiff and other Class members. As a result of the Crown’s failure, the Class have been put at risk of deportation; denied their democratic rights; denied the benefit of s. 6 of the Charter; denied the right to hold a Canadian passport; lost educational and employment opportunities; suffered a profound loss of identity, community and belonging; and suffered other harms as set out in the claim.

Kiwayne Jones is the proposed representative plaintiff for this proposed class action. Waddell Philllips Professional Corporation are class counsel along with Julie M. Kirkpatrick Professional Corporation and Valent Legal.

You can read more about Kiwayne Jones’ story here: Toronto Star, “Lawsuit accuses Ontario government of leaving foreign born Crown wards in the lurch” https://www.thestar.com/news/gta/2018/03/09/lawsuit-accuses-ontario-government-of-leaving-foreign-born-crown-wards-in-the-lurch.html

Were you a Crown ward who left care without Canadian citizenship?

If so, we would like to hear from you.

A motion to certify the lawsuit as a class proceeding will be scheduled in the coming months.

Further updates will be posted as the case progresses.

We review every inquiry we receive and will respond promptly to case specific inquiries.
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