Canada's Charter of Rights and Freedoms functions to protect the rights of everyone in the country. Sometimes, a question may arise as to whether certain laws or government actions contradict the Charter. In these circumstances, it may be appropriate to bring the matter before the courts to determine whether these laws or actions are constitutional or whether change is necessary. A recent example of a law and practice that was deemed unconstitutional was the use of dry cells for people thought of carrying contraband in their vaginal cavity. More information about dry cells and their legality can be found here.
PATH works to provide access to justice for individuals who have been harmed by government and administrative systems or who have experienced the systemic injustice found within these systems. We have helped clients in matters addressing institutional abuse and negligence, assault and battery, infliction of mental suffering, and more.
Habeas corpus is a legal remedy protected by Canada's Charter of Rights and Freedoms for those whose liberties have been unduly or unlawfully restricted. This is remedy is often sought in circumstances of individuals being placed in a form of solitary confinement, or being transferred to a higher security classification while in jailor prison; however, it is available in many other circumstances as well.
Judicial review is a legal process which allows people to challenge administrative decisions (e.g., a prison disciplinary hearing decision, or a police review board decision). PATH has assisted multiple clients in seeking judicial review in a range of circumstances. If you are unhappy with an administrative body's decision, contact PATH to discuss what options may be available for you.
A class action, also known as a class action lawsuit, or class suit, is a type of lawsuit where one or more people work with a class action lawyer to sue on behalf of a larger group of people who have had similar experiences. This group is called a “class" and each person in this group is called a "class member."
Click here to learn more about PATH's ongoing class actions.