British Columbia Solitary Confinement Class Action
Koskie Minsky LLP and McEwan Partners are Class Counsel in a class action against the Province of British Columbia alleging human rights violations relating to the over-use of solitary confinement in British Columbia prisons.
The Amended Notice of Civil Claim issued on February 1, 2019 alleges, among other things, that British Columbia’s overuse of solitary confinement is negligent and constitutes a number of breaches of the Canadian Charter of Rights and Freedoms in placing prisoners in solitary confinement for prolonged periods.
This class action has been certified by the Supreme Court of British Columbia. The following persons fall within the class definition:
Those persons who, between April 18, 2005 and the present, were involuntarily subjected to either:
- Separate Confinement and/or Segregation for at least fifteen (15) consecutive days (“Prolonged Separate Confinement and/or Segregation”);
or
- Separate Confinement and/or Segregation when B.C. Corrections knew or ought to have known the person suffered from Mental Illness (“Separate Confinement and/or Segregation of Mental Health Disordered Inmates”);
in a B.C. correctional centre as defined in s. 1 of the Correction Act. S.B.C. 2004, c. 46.
“Separate Confinement and/or Segregation” means any placement apart from the general population pursuant to ss. 17, 18, 24 or 27(1)(d) of the Correction Act Regulation, B.C. Reg. 58/2005;
“Mental Illness” means a diagnosed condition comprising one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders:
A. Schizophrenia (all sub-types),
B. Delusional disorder,
C. Schizophreniform disorder,
D. Schizoaffective disorder,
E. Brief psychotic disorder,
F. Substance-induced psychotic disorder (excluding intoxications and withdrawal),
G. Psychotic disorder not otherwise specified,
H. Major depressive disorders,
I. Bipolar disorder I,
J. Bipolar disorder II,
K. Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
L. Post-Traumatic Stress Disorder;
M. Obsessive Compulsive Disorder; or
N. Borderline Personality Disorder.
Naveah North is the proposed representative plaintiff. She was incarcerated at Prince George Regional Correction Centre, in Prince George, British Columbia from April 2014 to May 2018 and has been subjected to both Prolonged Solitary Confinement and Solitary Confinement of Mental Health Disordered Inmates during her incarceration.
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Latest Developments
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August 12, 2022
On August 24, 2021, Class Counsel submitted a targeted discovery request, asking the Province of British Columbia to provide documents that will help to prove the claims in this action. As of August 8, 2022, we have received most of the documents requested and are in the process of reviewing them.
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May 19, 2021
The Notice Program for certification of the case has begun. To read the long form notice, click here, to read the short form notice click here.
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January 4, 2021
On December 22, 2020, the Honourable Justice Smith certified this action to proceed as a class action. The class currently includes those who, between April 18, 2005 and the present, were involuntarily subjected to separate confinement and/or segregation at BC Correctional Centres, if either: their segregation was for at least 15 consecutive days, or if the defendant knew or ought to have known that they were suffering from a mental illness. The reasons for the Court’s decision are attached here.
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August 21, 2020
The certification hearing is scheduled to proceed starting on August 24, 2020.
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August 12, 2022
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News Releases and Reports
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free number: 1-877-398-0497
