As a general rule class actions are an inappropriate vehicle for constitutional litigation. This point was clearly made in Roach v. Canada (Attorney General), 2009 CanLII 7178 (ON S.C.) where the Court holds:
[60] ... it has been accepted in previous cases that it is generally undesirable to use the procedure under the CPA to pursue claims for declarations of constitutional invalidity: Guimond, at page 361; Buffett v. Ontario (Attorney General) 1998 CanLII 14707 (ON S.C.), (1998), 42 O.R. (3d) 53 (G.D.); Perron v. Canada (Attorney General), [2003] O.J. No. 1348 (S.C.J.).
James Morton
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