A class action lawsuit related to conditions at the Elgin Middlesex Detention Centre can go ahead.
The Ontario Superior Court of Justice announced Tuesday that the suit has been certified as a class action. The suit against the province, filed by McKenzie Lake Lawyers LLP in December of 2013, includes anyone incarcerated at the EMDC between January 1, 2010 and August 25, 2013. It alleges the jail is overcrowded, filled with violence, and violates sections seven and 12 of the Canadian Charter of Rights and Freedoms.
Section seven of the Charter guarantees a person's right to life, liberty, and security, while secton 12 provides a guarantee to not be subjected to cruel and unusual treatment or punishment.
Kevin Egan, partner at McKenzie Lake, says he is thrilled with the decision.
"It's something that I've worked passionately in regards to for more than six years," Egan says. "So, for us to finally get to this stage where a class action is certified makes it a very big day."
Egan says it's too early to say how much money plaintiffs in the suit could be in line for if the suit is successful, but a release from McKenzie Lake says "it is anticipated the amounts will be significant."
It's also unclear at this point whether the decision by the courts to certify the class action suit will make the province more or less likely to settle.
"In my experience it makes it much more likely," Egan tells BlackburnNews.com. "But I can't second guess what the Ministry may be thinking."
