First ever Class Action lawsuit filed against Corrections Canada for illegally strip searching inmates

BY MICHAEL THOMAS

In Canada, the Corrections and Conditional Release Act (CCRA) limits strip searches to situations in which the inmate has been in a place where there was a likelihood of access to contraband. According to these inmates involved in this class action lawsuit these guidelines were ignored.

What’s been happening is this: the defendants were regularly subjected to strip searches in four situations that do not meet this prerequisite:

(1) When leaving prison

(2) Leaving a secure area

(3) Entering a family visitation area

(4) In prison-to-prison transfers (Although this is believed to be authorized by the regulations, it is contrary to the CCRA).

This is the first strip search class action certified in Ontario, and what’s worse is that the lawsuit asserts that the federal government illegally strip searched the class members in violation of its laws over half a million times.

The plaintiffs are seeking to end these illegal strip searches, and secure compensation and other remedies for all involved inmates.

Kent Elson, co-counsel for the class, said: “This decision is a wake-up call for prisons because it shows they can be held accountable for illegal strip searches.” He also noted that illegal strip searches make the public less safe. “Far too often, people come out of prison more traumatized and less able to cope in society. They need support, not traumatizing illegal strip searches.”

This class action suit zooms in on strip searches in situations where they are illegal and unnecessary, such as suspicion, less strip searches upon release from prison.

It is for this same reason in 2001, the Supreme Court of Canada called strip searches, “One of the most extreme exercises of police power,” and “Inherently humiliating and degrading.” Federal legislation restricts when these highly invasive searches can take place – restrictions that have not been followed within Canada’s prisons.

Canada’s Superior Court ruled in the plaintiff’s favour on all points in the certification motion. The Court also held that the case would promote access to justice for prisoners and noted the evidence that prisoners face several barriers to accessing justice, including difficulties interacting with people outside of the prison, and fear of backlash from prison staff.

Prisoners experience high levels of poverty, lower levels of educational achievement, and high rates of mental health diagnoses and disabilities.

The Court also noted the evidence presented in the case that, “Over 70%  of federal prisoners have a mental health disorder” and “Indigenous people are over six times more likely than the rest of the Canadian population to be incarcerated in a federal prison followed by Black Canadians who are three times more likely.”

Michael Farrell, one of the two class representatives, and a 53-year-old father and grandfather said, “It is so awful to be forced to strip naked, bend over, and let people inspect every inch and crevice of your naked body. It’s worse when you know it is unnecessary.”

Kim Major, the other class representative, is a 57-year-old mother of four. She said, “When I’m strip-searched, I relive the horrors of sexual abuse I’ve suffered. It is truly devastating, especially for many women.” Kim was first imprisoned in her 50s. “I was raised in a great home and had a good career before my life went south. This could happen to you or your kids, you never know.”

Abby Deshman is the co-counsel, and explained, “Strip searches are inherently humiliating and degrading. Forcing a person to strip naked and expose himself or herself for inspection is an incredible intrusion on a person’s liberty and an affront to their dignity. This decision affirms that prisoners have constitutional rights and that the rule of law must run within prison walls.”

This class action was made possible in conjunction with the Canadian Civil Liberties Association, which has long fought for the civil liberties of Canadian prisoners.