Experience Class Actions Newell v Ontario

Newell v Ontario

February 08, 2026

Ontario Security Classification Class Action

Updates

February 8, 2026 –  Certification motion scheduled

The motion to certify this case as a class action will be heard by the Ontario Superior Court of Justice on April 28, 2027.

What this Class Action is About

Koskie Minsky LLP and Goldblatt Partners LLP have commenced a class action against the Province of Ontario alleging that its use of the Security Assessment for Evaluating Risk (“SAFER”) program, which assigns security classifications to inmates in Ontario’s Correctional Institutions, breaches Black inmates’ rights under section 15 of the Charter of Rights and Freedoms.

The Statement of Claim, issued on February 19, 2025, alleges that the SAFER program assigns Black inmates with medium and maximum-security classifications at significantly higher rates than non-Black inmates. The claim alleges that this statistical disparity breaches section 15 of the Charter by subjecting Black inmates to more restrictive conditions of confinement and further perpetuates anti-Black racism in the Canadian criminal justice system.

The claim seeks Charter damages on behalf of the following class:

All Black Inmates of Correctional Institutions who have been assigned a medium or maximum-security classification by application of the Security Assessment for Evaluating Risk tool, exclusive of any time for which such classification was based on a Discretionary Override.

“Correctional Institutions” are correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

“Discretionary Override” means the discretionary decision by an employee or agent of Ontario to increase or reduce an Inmate’s security classification.

“Inmates” are inmates as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

Read the Statement of Claim here.