Correctional Service of Canada allegedly monitored and intercepted inmate communications
The Federal Court has certified a class action lawsuit against the Correctional Service of Canada (CSC) following allegations of unauthorized interceptions of inmate communications, including solicitor-client privileged exchanges.
The case consolidated claims from affected inmates and non-inmates regarding systemic breaches of privacy within CSC facilities. The lawsuit centred on CSC's interception of inmate communications conducted through telephone systems, mail, and in-person or video visits. The plaintiffs argued that CSC violated s. 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable searches or seizures, and s. 17 and 18 of the Crown Liability and Proceedings Act, which address liability for unauthorized interception of private communications.
The plaintiffs alleged that CSC monitored privileged legal conversations, opened legal mail, and intercepted faxes without proper authorization, undermining confidentiality rights. These claims are supported by internal audits revealing significant non-compliance with CSC regulations and national policies.
Court filings showed that CSC’s Inmate Telephone System (ITS) and related communication systems were improperly configured, leading to unauthorized recordings. In one instance, privileged legal faxes were intercepted and retained in case files, despite being marked as confidential. Audits conducted in 1999 and 2021 documented procedural deficiencies, including improper authorization processes, lack of training for staff, and failures to notify inmates about intercepted communications.
The Federal Court found that the plaintiffs satisfied the legal requirements for certifying a class action. It concluded that the claims raise common legal and factual questions, such as whether CSC's actions breached privacy rights under the Charter and statutory provisions. The court also noted that addressing these issues collectively through a class action would promote judicial efficiency and improve access to justice, particularly for inmates, who are considered a vulnerable population.
The lawsuit categorized claims into four groups based on the nature of the alleged violations. These include interceptions authorized under s. 94 of the Corrections and Conditional Release Act (CCRA), unauthorized recordings caused by system misconfigurations, improper handling of mail, and the interception of faxes. Each claim involves both inmates and non-inmates, such as family members and legal counsel, whose communications were allegedly monitored.
The court’s decision to certify the class action followed an agreement reached between the parties on key procedural issues. Under the terms of the agreement, the case will now proceed to address the substantive allegations, including whether CSC's actions constituted unreasonable searches and whether the plaintiffs are entitled to damages.
