The Role of Certification in Charter Class Actions to Assert the Rights of Persons in Prison

• Author: Alana Robert
• Pages: 363-390

363

The Role of Certif‌ication in Charter Class Actions to

Assert the Rights of Persons in Prison

Alana Robert

AbstrAct: This paper demonstrates that the certif‌ication of class action

suits serves as a tool to compel government action to rectify wrongdoings

against persons in prison in Canada. This assertion is explored by view-

ing the Canadian Charter of Rights and Freedoms as a platform for persons

in prison to assert their rights through class proceedings. This is analyzed

through an assessment of Canada’s current class action cases that seek to

advance the rights of persons in prison (which continuously fulf‌ill certif‌i-

cation requirements), and through the judiciary’s demonstrated record

of embracing these claims. I further prove that class actions in this area

are a legal tool that can require governments to reform oppressive prac-

tices towards this often forgotten demographic. As a result, class actions

are an integral instrument for transforming Canada’s legal landscape,

igniting progressive social change, and advancing the human rights of

persons in prison.

CCAR 14-2.indb 363 1/8/2019 10:57:42 AM

CCAR 14-2.indb 364 1/8/2019 10:57:42 AM