Koskie Minsky LLP has commenced a class action against the Government of Manitoba regarding its use of solitary confinement in provincial jails for adults and youth.
Solitary confinement involves the segregation of a person in a room or area without any meaningful human contact for at least twenty-two hours in a day. In the jails operated by the Government of Manitoba, adult and youth inmates as young as twelve years old are regularly placed into solitary confinement for long periods of time, sometimes indefinitely.
This class action alleges that in administering systems of disciplinary segregation and preventive segregation, both amounting to solitary confinement, the Government of Manitoba has been negligent, has breached its fiduciary duties, and has breached sections 7, 12, and 15(1) of the Canadian Charter of Rights and Freedoms.
This class action is brought on behalf of the following proposed class:
Inmates with a Serious Mental Illness
All current and former inmates, who were alive as of May 19, 2019, who were subjected to Disciplinary Segregation or Preventive Segregation for any length of time at one of the Provincial Custodial Facilities between December 11, 1992 and the present; who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):
- Schizophrenia (all sub-types),
- Delusional disorder,
- Schizophreniform disorder,
- Schizoaffective disorder,
- Brief psychotic disorder,
- Substance-induced psychotic disorder (excluding intoxications and withdrawal),
- Psychotic disorder not otherwise specified,
- Major depressive disorders,
- Bipolar disorder I,
- Bipolar disorder II,
- Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
- Post-Traumatic Stress Disorder;
- Obsessive Compulsive Disorder; or
- Borderline Personality Disorder;
and who suffered from their disorder, in a manner described in Appendix “A” to the Statement of Claim, and who reported such diagnosis and suffering to the Government of Manitoba and/or its agents before or during their segregation.
All current and former inmates, who were alive as of May 19, 2019, who, while under the age of 18, were subjected to Preventive Segregation at one of the Provincial Custodial Facilities for any length of time between December 11, 1992 and the present.
Inmates in Prolonged Solitary Confinement
All current and former inmates, who were alive as of May 19, 2019, who were subjected to Solitary Confinement for 15 or more consecutive days at one of the Provincial Custodial Facilities between December 11, 1992 and the present.
For more information, or if you think you might be a class member, please contact 1-866-777-6344 or email@example.com