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

AuthorAlana Robert
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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT