Custody Rating Scale Class Action

The Correctional Service of Canada uses standardized assessment tools, including the Custody Rating Scale (“CRS”), to assess and assign security classifications to inmates and place them in maximum, medium and minimum security facilities.

This proposed class action, filed in the Federal Court of Canada, asserts that the use of the CRS and other assessment tools discriminates against female Indigenous inmates in determining their security classification and placement, contrary to section 15 of the Canadian Charter of Rights and Freedoms. The proposed class action seeks compensation for female Indigenous inmates and injunctive and declaratory relief to prevent the Correctional Service of Canada from using these assessment tools in respect of class members.

A copy of the Statement of Claim is linked here:  Fresh Amended Statement of Claim

The application to certify this class action was dismissed by Justice Aylen of the Federal Court of Canada in January 2023. The plaintiff appealed the certification decision, and on March 11, 2025, the Federal Court of Appeal allowed the appeal and granted the plaintiff an opportunity to amend the Statement of Claim and reapply for certification. The certification motion is currently scheduled to be heard in Vancouver on March 10–11, 2027.