This Class Action seeks damages for Federal Inmates over the age of 50 (“Older Inmates”) who suffered from emotional or physical abuse or were denied access to healthcare while behind bars.
On 17 January 2024, the Federal Court of Canada certified this national class proceeding on behalf of federal inmates aged 50 years or older, a group which makes up nearly 25% of the population of federal prisons.
In the Certification Order, the Federal Court of Canada noted that reports from the Office of the Correctional Investigator and other public documents showed that:
- (a) Older Inmates are commonly subjected to assault, intimidation, and bullying, and the disproportionate use of force;
- (b) Older Inmates sometimes request voluntary segregation placement to ensure their personal safety;
- (c) Older Inmates are denied timely access to health services, medical equipment, and/or supplies, sometimes due to a lack of personal funds; and
- (d) Older Inmates have a greater need for health services, medical equipment, and/or supplies due to their advancing age.
The Reasons of the Federal Court for granting certification are available here:
The Crown appealed the Certification Order in this action. The appeal hearing occurred in May, 2025, and the Federal Court of Appeal reserved judgment.
The Crown’s appeal was dismissed on November 5, 2025. Click to read the Reasons for dismissing the appeal (Federal Court of Appeal website) or download them here (PDF).
The next step for this proceeding is for the parties to prepare a “Notice Plan” to inform all “Older Inmates” about this class action and the right to “opt out” of it if they do not wish to participate. The Court must approve the Notice Plan; we will provide updates on this soon.