Ontario Solitary Confinement Class Action
Koskie Minsky LLP has commenced a class action against the Province of Ontario alleging human rights violations relating to the over-use of solitary confinement in Ontario prisons.
The statement of claim issued on April 20, 2017 alleges, among other things, that the Ontario Ministry of Community Safety and Correctional Services has been negligent, has breached its fiduciary duties and has breached the Canadian Charter of Rights and Freedoms in placing mentally ill prisoners in solitary confinement for prolonged periods.
The “Pre-2018” Class is defined as:
All current and former Inmates, who were alive as of April 20, 2015:
I. Inmates with a Serious Mental Illness
a) who were subjected to Administrative Segregation for any length of time at one of the Correctional Institutions between January 1, 2009 and the date of certification;
b) 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”):
(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;
and who suffered from their disorder, in a manner described in Appendix “A”, and,
c) who reported such diagnosis and suffering to the Defendant’s agents before or during their Administrative Segregation (the “SMI Inmates”);
or
II. Inmates in Prolonged Administrative Segregation
a) who were subjected to Administrative Segregation for 15 or more consecutive days (“Prolonged Administrative Segregation”) at one of the Correctional Institutions between January 1, 2009 and the date of certification (the “Prolonged Inmates”)
(together the “Class Members”).
“Correctional Institutions” are correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22, excluding St. Lawrence Valley Correctional and Treatment Centre.
“Inmates” are inmates as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.
“Administrative Segregation” refers to segregation as outlined in section 34 of Regulation 778, R.R.O. 1990 under Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.
Conrey Francis, a prisoner who has been remanded at the Toronto South Detention Centre since January 2015 and who was recently acquitted of all charges, is the proposed representative plaintiff.
For further information please call 1-844-819-8527 or email ontarioadminsegclassaction@kmlaw.ca.
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Latest Developments
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April 28, 2022
The parties have negotiated a Protocol for the distribution of base-level damages to the Class, and for additional individual awards of damages. The Protocol is described in the Short Form Notice and Long Form Notice. The Court will decide whether to approve that Protocol on August 11, 2022.
Please read the Short Form Notice and Long Form Notice to see your rights at this stage.
- If you are a Class member and you support the Protocol, you do not need to do anything right now. If the Court approves the Protocol, you will be notified when you can submit a claim for compensation.
- If you are a Class member and you object to the Protocol, you must file your objection before July 25, 2022, as described in the Long Form Notice.
If you were placed in administrative segregation in an Ontario Correctional Institution between September 19, 2018 and August 18, 2021, you may be a member of the “Post-2018” Class. On March 15, 2022, the Court certified a second class action to proceed on behalf of this Class. You can find the full Class definition for the Post-2018 Class in the as described in the Short Form Notice and Long Form Notice. The parties have reached a proposed Settlement Agreement in this class action, and a proposed Protocol for both actions, and both are described in the Short Form Notice and Long Form Notice. The Court will decide whether to approve that Protocol on August 11, 2022.
- If you are a member a member of the Post-2018 Class and you wish to stay in the Class, and you support the Settlement and Protocol, you do not need to do anything right now. If the Court approves the Protocol, you will be notified when you can submit a claim for compensation.
- If you are a member of the Post-2018 Class, and you wish to exclude yourself from the class action (opt out), you must do so by July 25, 2022, as described in the Long Form Notice.
- If you are a member of the Post-2018 Class, and you object to the Settlement or Protocol, you must file your objection before July 25, 2022, as described in the Long Form Notice.
For more information, and all complete documents and Forms, visit the Administrator’s website: www.ontarioadministrativesegregation.ca
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March 31, 2021
On March 31, 2021, the Ontario Court of Appeal upheld the award of $30 million in aggregate damages. The reasons for the Court’s decision can be found here.
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November 6, 2020
Ontario has appealed the order of Justice Perell. The appeal will be heard by the Ontario Court of Appeal, via video-conference, on December 18, 2020. The Court of Appeal requires members of the media or the public who wish to observe a scheduled matter being held by video-conference to send a request in writing to the Court’s Registrar at coa.registrar@ontario.ca at least 48 hours before the proceeding begins.
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April 20, 2020
On April 20, 2020, Justice Perell granted the Plaintiff’s motion for summary judgment, finding both systemic negligence and Charter rights violations. $30 million dollars was awarded in aggregate, base-level damages. To view the Reasons for the Decision, please click here.
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January 27, 2020
The Plaintiff’s motion for summary judgment was heard before Justice Perell on January 20-24, 2020. The Court’s decision will be posted here when it is available.
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February 25, 2019
The opt-out period has now passed.
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October 31, 2018
This matter has been certified as a Class proceeding. The certification order may be found here.
The class is defined as:
All current and former Inmates, who were alive as of April 20, 2015:
I. Inmates with a Serious Mental Illness
a) who were subjected to Administrative Segregation for any length of time at one of the Correctional Institutions between January 1, 2009 and the date of certification;
b) 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”):
(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;and who suffered from their disorder, in a manner described in Appendix “A”, and,
c) who reported such diagnosis and suffering to the Defendant’s agents before or during their Administrative Segregation (the “SMI Inmates”);
or
II. Inmates in Prolonged Administrative Segregation
a) who were subjected to Administrative Segregation for 15 or more consecutive days (“Prolonged Administrative Segregation”) at one of the Correctional Institutions between January 1, 2009 and the date of certification (the “Prolonged Inmates”)
(together the “Class Members”).
“Correctional Institutions” are correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22, excluding St. Lawrence Valley Correctional and Treatment Centre.
“Inmates” are inmates as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.
“Administrative Segregation” refers to segregation as outlined in section 34 of Regulation 778, R.R.O. 1990 under Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.
A summary judgment motion has been scheduled for January 20, 2020.
To view the short form notice of certification, please click here.
To view the long form notice of certification, please click here.
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February 23, 2018
A timetable leading to the certification hearing in this matter has been set:
Remaining steps to be completed: By which party: Date to be completed by: Certification Motion Materials Plaintiff October 16, 2017 Responding Motion Materials Defendant February 15, 2018 Reply Motion Materials Plaintiff April 30, 2018 Cross-examinations, and any motions arising therefrom, to be completed by July 2, 2018 Certification Factum Plaintiff August 2, 2018 Responding Factum Defendant September 3, 2018 Reply Factum (if necessary) Plaintiff October 1, 2018 Return of the Motion (2 days) November 13-14, 2018 -
April 20, 2017
The statement of claim was issued today. A copy can be found here.
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April 28, 2022
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News Releases and Reports
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Documents
- April 28, 2022 Short Form Notice English
- April 28, 2022 Short Form Notice French
- April 28, 2022 Long Form Notice English
- April 28, 2022 Long Form Notice French
- April 28, 2022 Opt out Form English
- April 28, 2022 Opt out Form French
- April 28, 2022 Objection Form English
- April 28, 2022 Objection Form French
- March 15, 2022 Order (Certification)
- March 31, 2021 Decision
- April 20, 2020 Reasons for the Decision
- February 24, 2019 Certification Order
- February 24, 2019 Long Form Notice (Schedule C)
- February 24, 2019 Publication Notice (Schedule A)
- February 24, 2019 Opt Out Form
- April 19, 2017 Statement of Claim
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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
Tollfree: 1-844-819-8527
