Background: B.W., an inmate at a federal penitentiary, initiated a proposed class action on behalf of inmates aged 50 and older, alleging systemic discrimination and inadequate healthcare in prisons administered by the Correctional Service of Canada (CSC).

Issues: The central issues were the alleged systemic negligence by CSC and breaches of the Canadian Charter of Rights and Freedoms, specifically sections 7 and 15(1), concerning the treatment of older inmates.

Class Action Certification: The court considered whether the criteria for certifying a class proceeding were met, focusing on whether the pleadings disclosed a reasonable cause of action, the existence of an identifiable class, commonality of issues, preferability of a class proceeding, and B.W.'s suitability as a class representative.

Outcome: The court certified the proposed class action, finding that the criteria were met. The court acknowledged the challenges faced by older inmates, including physical and emotional abuse, and the inability to access adequate healthcare. The certification allows the claims to proceed as a class action, providing a platform for addressing systemic issues affecting older inmates in CSC custody.

No costs awarded