Court certifies class-action suit alleging rampant illegal strip searches in prisons

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Court certifies class-action suit alleging rampant illegal strip searches in prisons
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Ontario\u0027s Superior Court of Justice has certified a class\u002Daction lawsuit alleging that Canadian authorities illegally strip searched federal inmates hundreds of thousands of times over three decades.

Lawyers for the claimants say this is a violation of basic individual liberties — and the government must stop breaking its own laws.Its statement of defence says that contraband “is available, has been found and will continue to be subject to concealment attempts” when inmates have access to locations where non-prisoners, such as visitors, are also allowed to go.

Former inmate Michael Farrell is quoted in the statement of claim saying that the searches he experienced during his 15 years behind bars were “highly invasive” and led to a “flood of negative emotions.” A July 2020 document prepared for the federal public safety minister ahead of a parliamentary appearance, which was put online under proactive disclosure policy, said the Correctional Service Canada is “committed to safe, humane and effective corrections for offenders in Canada.”Article content

Kent Elson, one of the lawyers representing the applicants, said in an interview that the government is breaking its own laws restricting the use of strip searches, and they are taking place “far too often.” Now that the lawsuit has been certified, it will proceed to a common issues trial, and a judge will determine which issues apply to all class members. Dates have not yet been set for those proceedings.

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