The Federal Court of Canada recently certified a class action seeking damages for Illegal Interceptions of private communications between Federal Inmates and members of the public. This page will provide important updates about the class action, including links to documents for class members.
The Class Action seeks damages for Federal Inmates and members of the public who communicated with Federal Inmates through telephone, mail, fax, and during visits. If either of the following describes you, you may be a member of the class action:
If you are a current or former inmate who communicated with a member of the public using the telephone, mail, fax, or during visits, while you were incarcerated at a Federal correctional institution, this notice applies to you.
OR
If you are a member of the public who communicated with an inmate incarcerated at a Federal correctional institution using the telephone, mail, fax, or during visits, this notice applies to you.
What types of claims are there?
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Section 94 Interceptions
The claim is for alleged deficiencies in (1) CSC’s processes for issuing authorizations to intercept Inmates’ communications and (2) CSC’s operation and management of the telephone, mail, and visits systems at Federal correctional facilities, allegedly resulting in interceptions that were unlawful because they violated the Canadian Charter of Rights and Freedoms (“Charter”) and the Crown Liability and Proceedings Act (“CLPA”).
Period covered: October 29th, 1992 to October 17, 2021.
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Unapproved Recordings
The claim is for alleged unauthorized interceptions of communications by CSC, through the Inmate Telephone System, “Black Phones,” and Inmate Visits System that violated the Charter and the CLPA. A “Black Phone” means a regular telephone at a Federal correctional facility that does not require the use of a phone card or PIN to operate.
Period Covered: May 23rd, 2012 to November 27, 2024.
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Mail Interceptions
The claim is for CSC allegedly opening privileged mail sent by a lawyer and/or reading mail from other persons without an authorization to intercept under s. 94 of the CCRR, in violation of the Charter.
Period Covered: April 27th , 2015 to November 27, 2024.
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Fax Interceptions
The claim is for CSC’s alleged practices in handling outgoing faxes from Inmates to lawyers and other persons listed in the CCRR schedule, resulting in unlawful interceptions in violation of the Charter.
Period covered: August 21st, 2006 to November 27, 2024.
What do I need to do next?
If you think you fall within the class action or may have a claim, your next step is to read the Notice documents approved by the Court:
IMPORTANT:
If you wish to make a claim through the class proceeding, you do not need to submit documents at this time.
The most important thing that Class Members who wish to make a claim in this class action need to do is to check this website periodically for updates. Please note that for incarcerated class members, important information notices will also be provided through postings at Federal Institutions.
You can also help out other Class members by spreading the word about this class action to anyone who might be a member of the Class, whether as an Inmate or as a member of the general public.
Note: Opt-Out Forms for persons who do not wish to be a part of this class action only will be available soon. The Opt-Out Deadline is February 5, 2026.