In Philip v. Canada (Attorney General), Avize’s Raj, Patrick, and Emanuela appeared in the Federal Court of Canada to argue for the certification of a class action lawsuit against the Government of Canada on behalf of all federal inmates and their family members whose private communications were illegally intercepted by the Correction Service of Canada (the “CSC”). The plaintiffs allege that for decades, in all Canadian federal prisons, CSC unlawfully recorded telephone calls, opened and read personal mail, and recorded in-person visits between inmates and individuals outside the prison, including family members. The most troubling interceptions are alleged to have breached solicitor-client privilege, through the interception of telephone calls, mail, and in-person visits between inmates and their lawyers.
After hearing the Avize team’s arguments before Justice Fothergill, the Attorney General of Canada agreed to certify the class action. Justice Fothergill concurred and certified the class proceeding in a decision released in November 2024. Three separate proposed class actions containing the same allegations were consolidated into one class proceeding under the name Philip et al. v. Canada.
As with other Avize class action lawsuits, this claim was advanced not only to recover compensation for class members who were harmed, but to force institutional and systemic reform within the CSC by bringing an end to unlawful practices within Canada’s prisons and thereby protecting the legal and constitutional rights of incarcerated individuals and their families.
Read the full decision here: Philip v. Canada (Attorney General), 2024 FC 1907