cover image: Statement of Claim filed

20.500.12592/c92hfh

Statement of Claim filed

20 Jun 2022

If the Court declares the impugned law invalid but suspends the declaration, the Plaintiffs seek declarations constraining the Defendant's power to conduct suspicionless strip searches in the interim. [...] The Defendant, Her Majesty the Queen in right of Ontario, is the appropriate designation for the Crown in Right of Ontario in proceedings pursuant to the Crown Liability and Proceedings Act, 2019, S. [...] Reg 778 states that: Any power, duty or function conferred or imposed upon or exercised by a Superintendent under the Act or this Regulation may be delegated by the Superintendent to any person or persons to act as designated representative of the Superintendent for the purpose of the effective administration of the Act and the delegation shall be subject to such limitations, restrictions, conditi. [...] The law in this case is not reasonable, including for the reasons set out above relating to the lack of appropriate safeguards, overbreadth, and the high degree of intrusiveness of the type of search in question. [...] In the alternative, if the Court interprets the law.as fettering the power to authorize strip searches in Ontario's prisons, and therefore constitutionally compliant, the Plaintiffs request declarations regarding the scope of said power and findings regarding Ontario's compliance therewith.
Pages
16
Published in
Canada