TORONTO — A proposed class-action lawsuit against the City of Toronto alleges the city violated refugee claimants' Charter rights by denying them access to shelter beds for nearly a year even when beds were available, arguing the practice was "systemically negligent."
The proposed suit was filed Friday in an Ontario court on behalf of refugees, refugee claimants and asylum seekers who sought shelter in Toronto and were unable to get a bed between Nov. 7, 2022 and Oct. 1, 2023 — a period during which it says the city stopped allowing claimants to access its base shelter system.
The suit also includes shelter seekers who were told to contact either Service Canada or Immigration, Refugees and Citizenship Canada, which the suit says were unable to provide housing assistance.
The lawsuit requires certification from a judge to proceed.
Linette King, a lawyer involved in the case, claimed thousands of refugees were denied shelter beds during that period — even when beds were available — causing mental health and physical security issues.
"Many of them will have had some trauma coming from their home country, and had that exacerbated here by the experience of facing homelessness when there are shelter beds available," King said in a phone interview on Wednesday.
King added that referrals to Service Canada and the IRCC after shelter seekers were turned away were "problematic" because the city allegedly knew those agencies wouldn't be able to provide shelter.
"Our position in this action is that it really exacerbates the harm because these individuals are not people that are aware of our systems," King said. "They are trusting the information they are being given, and if that information is ineffective ... it certainly creates confusion and can add to the harm."
City spokesperson Elise von Scheel said in an emailed statement that the city will respond "in due course" and has no further comment as the case is before the court.
The statement of claim says that in August 2023, about 3,300 refugee claimants were seeking a shelter bed nightly and more than 1,600 were turned away because of their immigration status, even when beds were available.
The proposed suit also claims the city's practice disproportionately impacted members of the Black community, as many of the refugee claimants had arrived from countries with predominantly Black populations.
The suit names a 40-year-old man from Nigeria who had arrived in Toronto as a refugee in September 2023 and was allegedly told there were no beds available at a number of city shelters, causing him anxiety and fear.
"The defendant knew its exclusionary practices were systematically racist and contrary to the Human Rights Code as it would — and in fact did — disproportionately impact members of the Black community," the statement of claim alleges.
Preventing refugee claimants from accessing beds breached some of their Charter rights, the statement of claim further argues.
"Security of the person was compromised as they were unable to secure a bed leading to either precarious housing or sleeping out on the street," it claims.
None of the allegations have been tested in court.
The proposed class action comes after Toronto Ombudsman Kwame Addo released a report in December 2024 investigating the city's decision to stop allowing refugee claimants to access its base shelter system beds. Addo found that the decision was “inconsistent with city policies” and “amounted to systemic racism."
The ombudsman made several recommendations to the city, including clarifying processes for refugee claimants.
City Manager Paul Johnson wrote in a letter to Addo last year that he did not agree with the report’s findings and “would not take further action” in response to the recommendations.
King said the goal of the proposed class action suit is to ensure that Toronto and other cities are compliant with the Charter and its values, and that any proposed changes to the shelter system or services that impact refugee claimants are done "in a thoughtful and responsible way."
"The hope is that this action is going to provide access to some remedies for these vulnerable people, these refugee claimants," King said.
"Access should be for everybody, irrespective of their status."
This report by The Canadian Press was first published June 4, 2025.
Rianna Lim, The Canadian Press
