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Ontario Court Certifies Class-Action Lawsuit by Immigration Detainees

Ontario court green-lights class-action lawsuit against Canada's federal government by 8,360 immigration detainees. These individuals, held in provincial jails from 2016 to 2023 by the Canada Border Services Agency (CBSA), faced conditions akin to criminal inmates, despite not being charged with crimes. Justice Benjamin Glustein dismissed the government's 15 objections.

Immigration detention, by law, is administrative, not punitive. Yet, CBSA routinely housed detainees in provincial prisons, a practice now deemed a Charter rights violation. The detainees seek $100 million in damages.

Tyron Richard, a plaintiff, endured 18 months in maximum security, subjected to numerous strip searches. He described his incarceration as "a living hell."

CBSA detains foreign nationals for reasons like being a flight risk. Over 80% of detainees were held for this reason. Most provinces have withdrawn from housing CBSA detainees, citing human rights concerns.

The lawsuit's certification means a trial will determine the outcome. The federal government has yet to comment on the decision.

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