Intercepted communications in federal prisons

Philip, Wright, Gray v. Attorney General of Canada

The Federal Court of Canada recently certified a class action seeking damages for Illegal Interceptions of private communications by the Correctional Service of Canada (“CSC”) 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.

Members and Criteria

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.

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.

The class action covers four (4) categories of claims, described below.

Section 94 Interceptions
From October 29^th, 1992, to October 17, 2021.
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”).

Members
Inmate Class
1. All persons alive on November 27, 2024,
2. Who were or are incarcerated at any Correctional Service of Canada Institution,
3. Who at any time during the Class Period were subject to an authorization to intercept communications through the Inmate Telephone System (“ITS”), Inmate Mail System (“IMS”), or Inmate Visit System (“IVS”) pursuant to s. 94 of the Corrections and Conditional Release Regulations (“CCRR”).
Non-Inmate Class
1. All persons alive on November 27, 2024, excluding persons set out in the Schedule to s. 94(2) of the CCRR,
2. Who during the Class Period, communicated with a member of the Inmate Class through the ITS, IMS, or IVS at a CSC Institution

Unapproved Recordings
From May 23rd, 2012 to November 27, 2024
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.

Members
Inmate Class
1.All persons alive on November 27, 2024,
2.Who were or are incarcerated at any Correctional Service of Canada Institution,
3.While not subject to an authorization to intercept communications under s. 94 of the CCRR, used the ITS, a “Black Phone”, or the IVS at a CSC Institution.
Non-Inmate Class
1. All persons alive on November 27, 2024, excluding persons set out in the Schedule to s. 94(2) of the CCRR,
2. Who during the Class Period, communicated with a member of the inmate class through the ITS, a Black Phone or the IVS, at a CSC Institution.

Mail Interceptions
From April 27th, 2015 to November 27, 2024.
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.

Members
Inmate Class
1.All persons alive on November 27, 2024,
2.Who were or are incarcerated at any Correctional Service of Canada Institution,
3.Who during the Class Period, and while not subject to an authorization to intercept communications under s. 94 of the CCRR, received privileged mail from a lawyer that was opened, or who allege that mail (excluding faxes) they received from any person was read.
Non-Inmate Class
1.All persons alive on November 27, 2024, excluding persons set out in the Schedule to s. 94(2) of the CCRR,
2.Who during the Class Period, sent mail to an inmate at a CSC Institution, and allege that the mail was read.

Fax Interceptions
From August 21st, 2006 to November 27, 2024.
The claim is for CSC 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.

Members
Inmate Class
1.All persons alive on November 27, 2024,
2.Who were or are incarcerated at any Correctional Service of Canada Institution,
3.Who during the Class Period, communicated with a person set out in the CCRR schedule by fax, and allege that no covering sheet was used for the fax transmission.
Non-Inmate Class
1.There is no non-inmate Class for Fax Interceptions.

Your options for this Class Action

Stay in the group

You do not need to do anything to remain in the class action. If you meet one or more of the class definitions for the four categories of claims (see above), you are automatically signed up. 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.

You can register to ensure that you are contacted during the next steps.

You will be bound by all decisions and judgments, whether favorable or not, and you will not be able to sue Canada in relation to claims related to this action.

Opt out before February 3, 2026.

If you get out of this class action (for one or more of the four claims), you will not get any money (if awarded), but you will be allowed to start or continue your own lawsuit about the issues in this class action (subject to any applicable time limitation periods).

To exclude yourself, please do one of the following before February 3, 2026:

→ Complete the online form: specify that you wish to opt out and upload the signed form.

→ Send a signed opt-out form: at interceptions@proactio.ca or by mail at :

Proactio
Class Action – Intercepted Communications in Federal Prisons
600, rue De La Gauchetière Ouest, bureau 2000
Montréal (Québec) H3B 4L8

Next steps

The Court has not decided whether Canada did anything wrong. There will be a trial about what happened. There is no money right now and no guarantee there will ever be any money. If money is obtained, there will be notices about how to ask for your share.

The law firm of Avize Law Group is Class Counsel. You do not have to pay them.

Consult our frequently asked questions to find answers to your questions!

For more details, you can also consult the notice to members.