Mr. Araya, a formerly incarcerated person, brought a case against Corrections Services Canada (CSC) in which he alleges that he was subjected to human rights violations due to his race. In a 2023 hearing, the Federal Court agreed to certify the case as a class action.
This does not mean that the court has issued a decision about the issues brought forward by Mr. Araya in the case, only that if Mr. Araya’s case is successful, that anyone who is part of the class action may benefit from monies awarded in compensation.
Who is included in this class action?
All Black persons in a federal jail between April 17, 1985 and December 13, 2023 who experienced abuse as defined as:
- unauthorized application of physical force by CSC Staff;
- racialized verbal abuse directed by CSC Staff;
- confinement in administrative segregation or a structured intervention unit;
- assault or racialized verbal abuse by non-Black inmates that CSC Staff permitted to occur or unreasonably failed to prevent or intervene in.
More details on the class action can be found on the website of the legal firm representing the class members: https://avize.ca/federal-prisons-class-action-for-abuse-of-black-inmates/
Anti-Black racism in federal prisons
Expert evidence was shared during the 2023 hearing by Dr. Akwasi Owusu-Bempah, a professor of criminology who studies anti-Black racism in the criminal justice system.
Dr. Owusu-Bempah also provided expert evidence to the Senate Standing Committee on Human Rights during their major study of the impact of incarceration on an individual’s human rights, which resulted in a 326 page report, Human Rights of Federally Sentenced Persons, published in 2021.
The introduction of the Senate’s report notes:
Federal correctional facilities are frequently hidden from sight. They operate behind barbed wire fences and concrete walls. They are designed to keep people in, but their security protocols often keep people out as well. These conditions allow the Correctional Service of Canada (CSC) to operate with limited external scrutiny and oversight. Once incarcerated, federally-sentenced persons, who comprise some of the most disadvantaged people in our society, rely and depend on the CSC to respect and safeguard their rights. Nonetheless, since the 1970s to present day, reports by the Correctional Investigator, parliamentary committees, inquests, and commissions of inquiry have underscored the CSC’s inability to meet this obligation (see Appendix A). With this in mind, the Standing Senate Committee on Human Rights (the committee) sought to understand why violations of human rights within the federal correctional system continue to be reported.
Chapter 4 (page 131), section D in particular, includes several accounts of racial abuse experienced by incarcerated people. The chapter includes data that shows that use of force, segregation, solitary confinement, and other mechanisms of control and punishment were applied disproportionately to Black inmates as well as Indigenous inmates and inmates with mental health issues.
The Senate report also highlights findings from a 2013 report by the Office of the Correctional Investigator (OCI) titled “A Case Study of Diversity in Corrections: The Black Inmate Experience in Federal Penitentiaries”. The Key Findings in the 2013 OCI report point to a number of serious problems that the Senate report indicates are still being experienced by Black inmates.
You can read the Senate Standing Committee on Human Rights’ 2021 Report here: Human Rights of Federally Sentenced Persons.
Income Security and Human Rights
Income security is not an abstract concept. An individual’s ability to obtain income security is directly impacted by experiences both in and out of their control.
Incarcerated people face many barriers to rejoining their communities upon exiting prison, including facing major difficulties in accessing employment and adequate income. Racial discrimination and the stigma that comes from incarceration, disability, and/or poverty, add challenges to an individual’s ability to achieve economic stability.
Class action suits that address human rights violations are a powerful tool to rectify broad injustices and validate the experiences of those who are part of the class. Though the financial compensation offered through class actions is never enough to do undo harm, it is a small step towards righting a wrong, and may be particularly useful for those who face barriers to accessing income in part because of their experiences during and after incarceration.
Next steps for people who qualify to be part of the class action suit
The class action suit is not at the stage where people who have been impacted can submit claims yet. However, if a person wants to opt-out of being included in the claim, the opt-out deadline is February 20. To find out how to opt-out, contact the Class counsel through the instructions on their website here: https://avize.ca/federal-prisons-class-action-for-abuse-of-black-inmates/
As per the information on their website: “The most important thing that Class Members who wish to make a claim in this class action need to do is to check this website periodically for updates. Please note that for incarcerated class members, important information notices will also be provided through postings at Federal Institutions.”