Federal Solitary Confinement Class Action

• 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.

  To view the reasons for decision, please click here.

• 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.

Show All

• March 3, 2017 Class Action Launched Against Canada for Prolonged Administrative Solitary Confinement in Federal Institutions

• March 9, 2020 Court of Appeal Reasons for Decision
• September 5, 2017 Amended Statement of Claim
• January 19, 2018 Statement of Defence
• February 9, 2018 Reply to the Statement of Defence
• April 24, 2017 Certification Timetable Order
• March 3, 2017 Statement of Claim

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.

Toll Free: 1-866-777-6311

Email: federalsolitaryconfinementclassaction@kmlaw.ca