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 December 22, 2020, were involuntarily subjected to either:
- Separate Confinement and/or Segregation for at least fifteen (15) consecutive days (“Prolonged Separate Confinement and/or Segregation”);
- 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.