Richard v. Canada (Attorney General)

Richard v. Canada (Attorney General)

The appeal is dismissed because, on a deferential review of the motion judge’s factual and legal findings, it was not plain and obvious that the pleaded Charter and negligence claims would fail and there was some basis in fact for the certified common issues; resolution of the core systemic question—whether immigration detainees may lawfully be detained in provincial prisons—requires a merits record and can be adjudicated as common issues in a class proceeding.

Citation
2025 ONCA 713
Parties
Plaintiff (respondent): Tyron Richard; Plaintiff (respondent): Alexis Garcia Paez; Defendant (appellant): The Attorney General of Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 October 2025
Procedural Posture
Civil Class Action Certification Appeal / Appeal From Certification Order (court of Appeal Decision)
Outcome
Appeal dismissed; certification order of the Superior Court of Justice upheld
Legal Topics
Charter S.7, Charter S.9, Charter S.12, Charter S.15, Negligence Duty of Care, Certification Common Issues, Detention Conditions, Policy Immunity, Administrative Detention
Source Language
English
Constitutional Law Administrative Law Tort Law Class Actions Immigration Law Civil Procedure Charter S.7 Charter S.9 +7 more

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Parties

Tyron Richard

Plaintiff (respondent)

Alexis Garcia Paez

Plaintiff (respondent)

The Attorney General of Canada

Defendant (appellant)

Procedural Posture

Civil Class Action Certification Appeal / Appeal From Certification Order (court of Appeal Decision)

Legal Issues

  1. 1 Whether claims under ss.7, 9, 12 and 15 of the Charter disclose a cause of action and are not bound to fail
  2. 2 Whether the pleaded negligence claim discloses a class-wide duty of care and is not bound to fail
  3. 3 Whether there is 'some basis in fact' for common issues to support certification

Ratio Decidendi

The appeal is dismissed because, on a deferential review of the motion judge’s factual and legal findings, it was not plain and obvious that the pleaded Charter and negligence claims would fail and there was some basis in fact for the certified common issues; resolution of the core systemic question—whether immigration detainees may lawfully be detained in provincial prisons—requires a merits record and can be adjudicated as common issues in a class proceeding.

Court Disposition

Appeal dismissed; certification order of the Superior Court of Justice upheld

Orders

  • Appeal dismissed
  • Certification order of July 5, 2024 (2024 ONSC 3800) upheld