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OCDC Class Action

Our law firm is seeking to bring a class action lawsuit against the Province of Ontario on behalf of all inmates incarcerated at the Ottawa Carleton Detention Centre between May 25, 2014 and June 30, 2016, who were subjected to at least one of the following conditions of confinement during their incarceration:

  • •  Double-bunking
  • •  Triple-bunking
  • •  Forced to sleep on the floor
  • •  Forced to sleep in a shower cell
  • •  Family visit(s) cancelled due to lockdowns
  • •  Lawyers visit(s) cancelled due to lockdowns
  • •  Medical appointment(s) cancelled due to lockdowns
  • •  Food or medications delayed or denied due to lockdowns
  • •  Denial of rehabilitation program(s) and/or reading materials due to lockdowns and/or overcrowding
  • •  Exposure to cold temperatures
  • •  Denied shower(s) and/or hygiene facilities due to lockdowns and/or poor plumbing
  • •  Subjected to strip searches in front of other inmates

The lawsuit is based on allegations that the above-noted conditions of confinement constitute cruel and unusual treatment or punishment, contrary to sections 7 and 12 of the Canadian Charter of Rights and Freedoms. The lawsuit will be seeking damages on behalf of every member of the proposed class, as well as systemic remedies directing the Province of Ontario to alleviate these inhumane conditions on an urgent basis.

It is our intention to seek financial compensation for every class member for harm to dignity and psychological distress caused by these outrageous prison conditions. Based on existing caselaw, we intend to claim approximately $1,000 per week of detention for every inmate.

FAQs

(1) What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Representative plaintiffs bring the class action on behalf of all class members. By advancing a claim on behalf of a large group of people, common legal and factual issues can be resolved in a more efficient and cost effective manner.

(2) Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval to ensure they are fair and reasonable.

(3) How do I sign up to be a member of the class?

If you wish to sign up as a potential class member, please download this form, print and sign it, and return to our law firm by:

Email
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or

Regular Mail
Champ & Associates
OCDC Class Action
43 Florence Street
Ottawa, ON K2P 0W6

(4) Will information that I provide to Champ & Associates be kept confidential?

Champ & Associates will keep your personal information private and confidential and will only share with the Ontario Superior Court of Justice or the Province of Ontario for the purposes of confirming your membership in the class.

DEVELOPMENTS

May 25, 2016

This class action is in its early stages. We have recently provided 60-days’ notice to the Attorney General of Ontario that the representative Plaintiffs will be commencing this action against the Province, as required by the Proceedings Against the Crown Act. The next steps will be to file a Statement of Claim and then to bring a certification motion. At the certification motion, the court will determine whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Further updates will be provided as the case progresses.