EN /FR
Federal Solitary Confinement Class Action
Koskie Minsky LLP and McCarthy Tétrault LLP have commenced a class action against the Attorney General of Canada alleging systemic infliction of prolonged administrative solitary confinement upon prisoners incarcerated in federal correctional institutions. In prolonged administrative solitary confinement, prisoners are placed in small cells and are denied any meaningful human contact for at least 22 hours per day, for a period of at least 15 consecutive days. This treatment is imposed in instances where the prisoner has done nothing wrong and is not being punished.
The claim alleges that by virtue of this practice in federal correctional institutions, Canada has been negligent, has breached its fiduciary duties, has breached various rights under the Canadian Charter of Rights and Freedoms, has subjected class members to false imprisonment, intentional infliction of mental suffering, assault, and battery, and has been unjustly enriched.
The class includes all persons, except “Excluded Persons”, who were involuntarily subjected to a period of prolonged administrative solitary confinement at a federal correctional institution between November 1, 1992 and the present, and were alive as of March 3, 2015.
Please note that the Claims process for the Federal Administrative Segregation Class Actions is done by the Administrator, Epiq Class Action Services Canada Inc., and not Koskie Minsky LLP. The Administrator’s website, all documents, and answers to frequently asked questions is available at: https://www.segregationclassactionfederal.ca/
If you want to receive money, you must submit a Claim Form to the Claims Administrator no later than September 7, 2022. This is the first step in the Court-ordered claims process to receive money. To view a Claim Form please click here.
If you have any questions about how to complete a claim form please watch the video below or contact the Claims Administrator:
Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354
Attention: Federal Administrative Segregation Class Actions
P.O. Box 507 STN B
Ottawa ON K1P 5P6
For inquiries or if you think you are a class member:
Toll-free hotline: 1-866-777-6311;
-
Latest Developments
-
September 10, 2021
The Claims Period is now open. To receive money under the Court-ordered protocol, you must submit a Claim Form before September 7, 2022. To view the Claim Form, click here. To view videos about how to make a claim, please click on the following links: Long Form Notice Short Form Notice.
If you have any questions about how to claim, please contact the Claims Administrator:
Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354
Attention: Federal Administrative Segregation Class Actions
P.O. Box 507 STN B
Ottawa ON K1P 5P6 -
August 30, 2021
The Claims Period is expected to open on or around Tuesday, September 7, 2021. Once the Claims Period opens, class members will be able to submit a Claim Form, which is found on the Administrator’s website. Other documents and answers to frequently asked questions will also be found on the Administrator’s website. If you have any questions about how to complete a claim form, please contact the Claims Administrator:
Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354
Attention: Federal Administrative Segregation Class Actions
P.O. Box 507 STN B
Ottawa ON K1P 5P6 -
July 12, 2021
The Claim Form will be available when the Claims Period opens, which is now expected to be before the end of August 2021, due to administrative delays. As soon as the exact date is known, this website will be updated.
-
June 14, 2021
On June 14, 2021, the Court approved the final Protocol and certain Notices and Forms to be used during the claims period. The Court’s Reasons are available here.
When the claims period begins, a claim form will be available on this website.
-
March 15, 2021
On March 12, 2021, Justice Perell and Justice Masse ordered a Protocol for the distribution of aggregate damages and the hearing of claims for individual issues damages. The Protocol can be found here. A Claims Form will be distributed by the Administrator when it is available.
-
December 1, 2020
On November 25, 2020, Justice Perell and Justice Masse released their provisional decisions on the distribution of aggregate damages awarded in three Federal solitary confinement class actions, as well as the means through which class members will be able to claim for additional individual issues damages.
This decision is provisional and subject to final orders after additional submissions from both parties. Once final orders are made, notice will go out to all class members.
-
June 24, 2020
Canada has not appealed the Ontario Court of Appeal’s decision granting summary judgment. The parties are now working towards implementing that decision.
A motion date to re-determine aggregate damages in the Brazeau matter was determined May 29, 2020. The parties will now file materials respecting the distribution of damages in both matters. The Court will determine the distribution protocol as soon as practicable.
A motion date to determine the individual issues protocol (for additional individual damages) is scheduled to proceed on October 6-8, 2020.
-
March 9, 2020
In a unanimous decision, the Ontario Court of Appeal agreed that Canada’s use of prolonged solitary confinement had breached Class members’ Charter rights and freedoms. The Court upheld the base level award of $20 million in Charter damages.
Its reasons for decision can be viewed here. -
January 27, 2020
Canada has appealed the order of Justice Perell. The appeal was heard on
January 7-8, 2020. The Court of Appeal reserved its decision. -
September 16, 2019
In a landmark ruling, Justice Perell granted summary judgment in favour of the class, awarding $20 million in aggregate damages.
This award is to be distributed directly to class members who were involuntarily subjected to administrative segregation for 15 consecutive days or more in a Federal prison.
Individual claims for additional damages will be adjudicated at a later date.
-
July 26, 2018
Justice Perell certified this class proceeding on June 21, 2018 with the consent of Canada. A copy of the Certification Order can be found here. A copy of the Certification Reasons can be found here. The next step in this matter is to disseminate notice of certification to the class, which is expected to occur in the coming months.
-
February 23, 2018
The certification motion and summary judgment motion in this proceeding have been rescheduled to be heard together on October 22-31, 2018. An updated timetable leading to the certification hearing in this matter has been set. A copy of the timetable can be found here.
-
April 24, 2017
The certification motion in this proceeding has been scheduled for July 23-27, 2018. A copy of the court’s timetable order can be found here.
-
March 3, 2017
The Plaintiff issued the Statement of Claim today. A copy can be found here.
-
September 10, 2021
-
News Releases and Reports
-
Documents
-
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.
-
Contacts
Toll Free: 1-866-777-6311
