Strip searches in federal prisons - frequently asked questions

A “class action” is a lawsuit that is brought on behalf of a group of people who have legal claims with common issues. In a class action, a person called the “representative plaintiff” represents the interests of the group of people who are covered by the lawsuit.

In the class action on strip search in federal prisons, there are two representative plaintiffs, Michael Farrell and Kimberly Major.

The people covered by a class action lawsuit are called “Class Members.” The Court resolves the common issues for all class members in one case, except for those who remove themselves from the Class.

For more information on what a class action is, you can read our article or watch our video on the subject by clicking on the link here : What is a class action?- Proactio.

The lawsuit is about suspicionless strip searches conducted by the Government of Canada in the following circumstances:

1. when leaving a penitentiary;
2. when entering or leaving a secure area;
3. when entering a family visitation area;
4. in prison-to-prison transfers.

According to the plaintiff, these suspicionless strip searches are illegal and contrary to the Canadian Charter of Rights and Freedoms.

Canada denies these claims. Among other things, the lawsuit asks for orders to stop the allegedly illegal and unconstitutional strip searches and provide compensation for those that were conducted in the past.

The Court has not decided whether the Class or Canada is right. The lawyers for the Class will have to prove their claims in Court.

You are a class member if you were :

• Imprisoned in a federal prison
• Between June 18, 1992 and December 31, 2024

Class members do not need to sign up for the class action to be included. Class members are automatically included unless they opt out.

Class members do not need to sign up for the class action to be included. Class members are automatically included unless they opt out.

If you know a current or former inmate who would be affected by this notice and cannot read it, please share the information with them or have them contact us at (844) 967-3702.

If the class member is someone close to you, you can help them fill out the online form to get updates on the case. However, if they wish to opt out, they must complete the opt-out form themselves.

The Plaintiffs are asking for orders to stop the allegedly illegal strip searches, money compensation, legal fees, interest, and other relief.

You don't have to do anything to stay in the class action.

You will be legally bound by all orders and judgments, good and bad, and you will not be able to sue Canada about the legal claims in this case.

If you would like to receive news on the file by email, please fill in the online form.

You can also contact us toll-free at (844) 967-3702 or by e-mail at federalstripsearch@proactio.ca.

You have two options: remain in the class action or opt-out of the class action (before December 28, 2025).

If you decide to stay in the class action, you will be legally bound by all orders and judgments, good and bad, and you will not be able to sue Canada about the legal claims in this case. You don’t have to do anything to stay in the class action. If there is a claims process, you can then decide whether to file a claim or do nothing.

If you choose to opt out, you will not get any money or benefits from this class action (if any are awarded) but you will be allowed to start or continue your own lawsuit about the legal claims in this case (subject to any applicable time limitation periods). If you opt out, you will not be able to rejoin the class when the time comes to make a claim.

Exclusion means that you will not be entitled to any money or benefits if a favorable judgment or settlement is obtained in this class action. You will not be able to ask to be included again if you have excluded yourself.

If you do not want the judgment issued in the class action to apply to you, you must opt out from the class action.

If you want to opt-out, send a signed opt-out form via the secure document submission filing process or send us an email us at federalstripsearch@proactio.ca to ask our staff for a secure link.

You can also send the signed opt-out form at :

Proactio.

Class Action - Federal Strip Search

600 de la Gauchetière Street West, Suite 2000

Montréal (QC) H3B 4L8

Inmates can get an Opt Out Form by asking a CSC employee for a copy. A copy must be provided within 48 hours of any request.

If you wish to start your own lawsuit about claims made in this class action, we recommend that you obtain advice from a lawyer about limitation periods, which are deadlines within which you must start a lawsuit. Note that section 28 of the Class Proceedings Act,1992 that was in force when this action was commenced reads as follows:

28 (1) Subject to subsection (2), any limitation period applicable to a cause of action asserted in a class proceeding is suspended in favour of a class member on the commencement of the class proceeding and resumes running against the class member when,

1. the member opts out of the class proceeding;
2. (b) an amendment that has the effect of excluding the member from the class is made to the certification order;
3. a decertification order is made under section 10;
4. the class proceeding is dismissed without an adjudication on the merits;
5. the class proceeding is abandoned or discontinued with the approval of the court; or
6. the class proceeding is settled with the approval of the court, unless the settlement provides otherwise. 1992, c. 6, s. 28 (1).

(2) Where there is a right of appeal in respect of an event described in clauses (1) (a) to (f), the limitation period resumes running as soon as the time for appeal has expired without an appeal being commenced or as soon as any appeal has been finally disposed of.

You must decide whether to stay in the class or whether to remove yourself from the lawsuit and send the signed opt-out form by December 28, 2025.

No money or benefits are available now because the Court has not yet decided whether Canada did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, there will be notices about how to ask for your share.

The representative plaintiffs have received indemnification against adverse costs awards and support for disbursements from the Class Proceedings Fund (“CPF”), which supports class actions that affect the public interest. The CPF will receive a levy in the amount of 10% of any awards or settlements and a return of any funded disbursements. No legal fees will be owed to the lawyers for the class and no levy owed to the CPF if the lawsuits are unsuccessful.

The Ontario Superior Court of Justice has appointed Elson Advocacy, St. Lawrence Barristers PC and Trudel Johnston & Lespérance to represent the Class as “Class Counsel.” You don’t have to pay Class Counsel, or anyone else, to stay in the group. You may hire your own lawyer to appear for you, but if you do, you may have to pay that lawyer.

The lawyers for the class will be paid only if the lawsuit is successful, in an amount approved by the Court. The fees and expenses could be deducted from any money you and the whole class could potentially obtain or they could be paid separately by the Defendant.

The Court has not yet decided whether Canada is at fault; a trial will be required before it can decide whether compensation should be paid to class members.

No amount is currently being offered, and there is no guarantee that any will be. Class actions typically take multiple years.

If the lawsuit is not dismissed, or if no settlement is reached, the plaintiff will have to prove their claims at a trial or a summary judgment motion hearing that will take place in Toronto. A court would hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or the Attorney General of Canada is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefits for the Class.

If the Plaintiffs obtain money or benefits, there will be notices about how to ask for a share or what your other options are at that time. These things are not known right now.

To receive an email when there are new developments in the case, you can fill out the form here : https://farrell.proactio.ca/en-US/

If you have any other questions, you can call our toll-free at (844) 967-3702, write to federalstripsearch@proactio.ca or send us a letter to :

Proactio

Class Action - Federal Strip Search

600 de la Gauchetière Street West, Suite 2000

Montréal (Québec) H3B 4L8

E-mail: federalstripsearch@proactio.ca