Intercepted communications - frequently asked questions

This lawsuit has been “certified” as a class action. This means that the lawsuit is approved as a class action and may now go to trial. If you are included, you may have legal rights and options before the trial. This notice explains all these things.

A Federal Court Judge is supervising this case. The case is known as Philip, Gray, and Wright v. The Attorney General of Canada, Court File No. T-1360-18. Philip, Gray and Wright are the Plaintiffs. CSC, as represented by the Attorney General of Canada, is the Defendant. Do not contact the court with questions about this case. Instead, you should contact Class Counsel or the Notice Provider for information.

This class action seeks damages for alleged unlawful interception of Inmates' communications through the telephone, mail, fax, and during visits, by the Correctional Service of Canada (“CSC”). The class action covers four (4) categories of claims: (i) Section 94 interceptions, (ii) Unapproved recordings misconfigurations, (iii) mail interceptions, and (iv) fax interceptions.

The lawsuit seeks monetary damages because of these alleged unlawful interceptions. CSC denies these claims. The Court has not decided who is right. The lawyers for the Class will have to prove their claims at a trial.

A “class action” is a lawsuit for a group of people who have legal claims with the same or common issues. A person called the “representative plaintiff” acts for the “class”. Here, the representative plaintiffs are Philip, Gray and Wright. The people covered by a class action lawsuit are called “class members.” The Court decides the matter for all class members in one trial called a “common issues trial", except for those who remove themselves from the Class.

Even after the common issues trial, each class member may need to go to trial on their own to have the Court decide their specific issues or claims against CSC. You may have to pay for your own lawyer to go to an individual trial and it is possible that you may not receive money after an individual trial.

You are a class member if you meet the class definitions of inmate or non-inmate in one or many of the four (4) categories of claims described in the Notice during the specific time periods covered. If you do, you do not need to sign up to join the class.

Note that even if you are a class member, it does not mean you will receive money even if the case is successful. Also note that that the definition of the class may change, which could impact whether you continue to be a member of the class. If you have questions, consult Class counsel, the Notice Provider, or your own lawyer.

To receive future notices by e-mail or at a mailing address outside the prison, visit www.proactio.ca or send your name, date of birth and contact details to interceptions@proactio.ca. If you're in federal prison, you don't need to provide your name or place of confinement, as other notices will be posted in federal prison, but if you're released and would like to receive future notices, proceed as described above.

For more details, see the consolidated declaration

No money is available now because the Court has not yet decided whether CSC did anything wrong. There is no guarantee that money will ever be obtained. If money is obtained, there will be notices about how to ask for your share.

Yes, you must decide whether to remove yourself from the lawsuit (or of one or more of the four claims) and send in a notice by February 3, 2026.

If you do nothing you will be a Class Member. You will be bound by all Court decisions and orders, good or bad. If any money is awarded, you may need to act to receive any money.

If you do not want to be in the lawsuit, you must remove yourself – this is called “opting out.” If you remove yourself, you will no longer be a Class Member and you will not receive any money from the lawsuit. You will not be bound by any decision of the Court orders about this case and you keep your personal right to sue CSC about the issues in this case (subject to applicable time limitation periods). Please consult a lawyer about your rights.

To opt-out, contact the Administrator, Proactio, at the contact details below or visit www.achesonlaw.ca/ to obtain an opt-out form. To unsubscribe, you must send the signed opt-out form to Proactio electronically by February 3, 2026 at interceptions@proactio.ca or by post dated by February 3, 2026.

The law firm of Avize Law Group represents the Class as Class Counsel. You don’t have to pay Class Counsel, or anyone else, to participate as a Class Member. You may contact Class Counsel to discuss your rights. If you don’t want to be represented by Class Counsel at the common issues trial, approval of the court is required to participate in the class action on your own or with your own lawyer. 

At the common issues trial, you do not have to pay Class Counsel, who will be paid only if money is awarded or if there is a settlement. If you hire your own lawyer instead (with approval of the court), you may have to pay that lawyer. If there is an individual trial, you may also have to pay for your own lawyer as mentioned at Question 3 above.

The Plaintiffs must prove the claims at a “common issues trial” that will take place in Vancouver. During the trial, the Court will hear the evidence and decide whether the Plaintiffs or CSC is right. You do not need to be at the trial. There is no guarantee that the Plaintiffs will win any money for the Class. Class actions typically take several years. No dates have been scheduled for a common issues trial yet.

If the Plaintiffs receives money because of a trial or settlement, there will be notices about how to ask for a share. These things are not known right now.

Question 5 above explains how to receive notification in the future. Important information about the case will be published on the www.achesonlaw.ca/ website .

After the trial or settlement, you may have to take further steps to take to get money. This may be a process to fill out forms for settlement or another trial. Again, these things are not known right now. An individual trial is about your own personal experiences while in prison. The details of this process are not known right now and may not be known for several years. You may have to pay money to a lawyer to represent you during an individual trial.