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Canada (Attorney General) v Roberts, 2026 BCCA 397

The B.C. Court of Appeal upheld certification of a proposed class action concerning medical isolation conditions in federal correctional institutions. The judgment didn't decide whether the alleged harms or Charter breaches occurred.

In Canada (Attorney General) v Roberts, 2026 BCCA 397, the British Columbia Court of Appeal dismissed the federal government's appeal against certification of a proposed class proceeding about prolonged medical isolation in correctional institutions during COVID-19 outbreaks. The court found no reversible error in the certification judge's treatment of common issues and the preferability of a class proceeding.

Certification lets the proposed claims proceed toward a common issues trial. It isn't a determination that negligence, psychological harm or a Charter breach has been proved. The Court of Appeal expressly preserved those merits questions for trial. The disposition appears at paragraph 50, with the certification analysis in paragraphs 42 to 49.

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Original source Court of Appeal for British Columbia ↗

This publication provides general information, not medical or legal advice. Applicable rules depend on the institution, capacity, consent and jurisdiction.