By Keren Harrison, 2L
In Ontario’s prisons, a new wave of individualism is changing the way inmates seek justice. Recent research shows a culture shift from a “herd mentality” to one that emphasizes individualism.[1]
Historically, inmates banded together against guards, cops, and other institutions. This sense of community has been weakened due to challenges of living with large groups, a rise in individual rights, increased violence between inmates, and access to personalized comforts (i.e., showers, visits, in-cell entertainment). As a result, taboo behaviours like “snitching” have become more common.
The rise of class action suits reflects inmates’ collective response to injustice, while highlighting the sacrifices required from individual plaintiffs. Representative plaintiffs must step out of “the pack,” seek legal help, be prepared to recount their intimate experiences, and provide key evidence like medical records to support their claims. They must repeatedly recount their traumatic experiences, not just for themselves but for the benefit of the entire class. Contrasting the traditional view of being labeled a snitch, individualism in Ontario prisons has supported the development of a new collective identity focused on defending human rights.
This trend raises two important questions: (1) Has the rise of individualism in Ontario prisons supported the development of class action lawsuits? and (2) How does the increased prevalence of class actions affect inmates’ access to justice?
Current Inmate Class Actions in Ontario
There are currently four active inmate class actions against Ontario:
The Ontario Administrative Segregation Class Action (“SEG”) is a result of the Francis and Chandra v Ontario lawsuits. The lawsuits are about how Administrative Segregation violates inmates’ Charter Rights and demonstrate a pattern of neglect. This class action has been settled and applies to inmates placed in Administrative Segregation between April 20, 2015, and August 18, 2021. |
The Elgin-Middlesex Detention Centre Class Action (“EMDC”) addresses the physical and mental abuse of inmates at the detention centre from October 10, 2011, to November 10, 2021. EMDC is known for having a high number of inmate deaths. The class action has also been settled. |
The Ontario Prisoner Class Action (“OPCA”) and Immigrant Detainee Class Action (“IDC”) are advancing in the class action certification process. Initiated in 2015, these lawsuits claim that Ontario correctional facilities used extended lockdowns to manage inmates instead of hiring enough staff. Consequently, prisoners have suffered unnecessary physical and psychological harm. The classes include current and former inmates in provincial correctional institutions from May 30, 2009, to November 27, 2017. IDC specifically addresses non-citizens who were detained under immigration laws. |
Class Actions as a Collective Tool to Advance Individual Rights
While individualism appears to be gaining traction in Ontario’s prison culture, inmates are increasingly using the collective tool of class actions to assert their rights. Human rights are inherently individualistic, placing the duty on the government to uphold basic liberties for all Ontarians. Class actions allow inmates to collectively hold the government responsible for rights they are individually entitled to.
Class actions enhance inmates’ access to justice by collectivizing their experiences, making it easier to identify and address systemic issues. The current cases identify prison conditions that cause major physical and psychological harm to inmates. Since inmates’ rights are typically overlooked, class action suits are a useful platform for advocacy. While the Ministry of Ontario rarely admits wrongdoing, these class actions establish a compelling precedent for policy reform and human rights culpability within prisons. Together, the four actions hold Ontario’s carceral institutions accountable for their cruel and unusual management of inmates. Additionally, handling related legal issues together is more efficient for courts, saving time and resources. Class actions can lead to quicker resolutions for inmates and reduce their financial burdens.
While class actions are effective for collective advocacy and holding institutions accountable, they can complicate and weaken individual justice for inmates. A previous blog discusses the problem of “efficiency over fairness” in the context of the Indian Day School Settlement. This issue also applies to inmate-initiated class actions, as individuals may not receive remedies that match the severity of their abuse—especially when compared to their potential for success in a standard lawsuit. These disparities can lead to variations in how justice and fairness are perceived by class members.
Conclusion
Inmates in Ontario’s prison system are changing the way they seek justice for collective human rights abuses. Inmates are shifting prison culture by launching class actions against segregation, lockdowns, psychological torment, and physical abuse. Those who share their personal experiences are increasingly framed as advocates rather than informants.
Although individual claims may not always lead to fair compensation, these class actions indicate a movement pushing the province to take responsibility for its negligence. This growing focus on individual rights has helped create a distinct form of rights-based collectivism. Understanding this shift is crucial for using class actions to advocate for prison reform and inmate justice.
[1] McKendy, L., & Ricciardelli, R.,“The Pains of Imprisonment and Contemporary Prisoner Culture in Canada” (2021) The Prison Journal, 101:5 at 532, online: https://doi.org/10.1177/00328855211048166.
