EN /FR
Federal Prisoner Mental Health Class Action
This case concerns the administrative segregation of seriously mentally ill Class Members in Federal correctional institutions. Koskie Minsky LLP commenced this case and alleged, among other things, that Canada breached the Charter of Rights and Freedoms by subjecting mentally ill inmates to periods of administrative segregation. The action was certified as a class proceeding, and the Court found that the rights of inmates were violated.
A claims process is currently underway in this and two other class proceedings concerning administrative segregation. The period to submit a Claim Form seeking compensation ended on November 7, 2022. The claims process is conducted by the Claim Administrator, Epiq Class Action Services Canada Inc.
The eligibility criteria for compensation, all documents, and answers to frequently asked questions are available at the Claims Administrator’s website: https://www.segregationclassactionfederal.ca/
If you have any questions about the receipt of your Claim Form or the processing of your 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
If you have submitted an eligible Claim, and chosen to be represented by class counsel, someone from a class counsel law firm will contact you directly in regard to your claim when necessary.
The members of this Class are all offenders in federal custody, who were:
placed in administrative segregation in a federal institution situated outside of Quebec after February 24, 2013, or who were placed in administrative segregation in a federal institution anywhere in Canada before February 24, 2013,
and
also diagnosed by a medical doctor with an Axis I Disorder (excluding substance use disorders), or Borderline Personality Disorder, who suffered from their disorder in a manner described in “Appendix A”, and reported such during their incarceration, where the diagnosis by a medical doctor occurred either before or during incarceration in a federal institution and the offenders were incarcerated between November 1, 1992 and the present, and were alive as of July 20, 2013.
Appendix A refers to:
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- Significant impairment in judgment (including inability to make decisions; confusion; disorientation);
- Significant impairment in thinking (including constant preoccupation with thoughts, paranoia; delusions that make the offender a danger to self or others);
- Significant impairment in mood (including constant depressed mood plus helplessness and hopelessness; agitation; manic mood that interferes with ability to effectively interact with other offenders, staffs or follow correctional plan);
- Significant impairment in communications that interferes with ability to effectively interact with other offenders, staff or follow correctional plan;
- Significant impairment due to anxiety (panic attacks; overwhelming anxiety) that interferes with ability to effectively interact with other offenders, staff or follow correctional plan;
- Other symptoms: hallucinations; delusions; severe obsessional rituals that interferes with ability to effectively interact with other offenders, staff or follow correctional plan;
- Chronic and severe suicidal ideation resulting in increased risk for suicide attempts;
- Chronic and severe self-injury; or,
- A GAF score of 50 or less.
Please note that the class no longer includes inmates incarcerated in Federal correctional facilities who suffer from a mental illness but were not placed in administrative segregation. If you suffer from a mental illness but were not placed in administrative segregation, you are no longer covered by the class action, and, in accordance with section 28 of the Class Proceedings Act, 1992, all applicable limitation periods will resume with respect to your claim after April 11, 2019 (45 days after publication of this notice).
If you have questions, you may contact us at:
Toll-free: 1-866-777-6343
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Latest Developments
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March 4, 2024
To all Claimants: please ensure that your contact information is always kept up to date with the administrator. If your contact information is not up to date, you may be unable to exercise your rights and your rights may be extinguished.
The remainder of this update only applies to you if you have made a claim but have never been in contact with Koskie Minsky LLP
This is an update for all eligible claimants in the federal solitary confinement class action who:
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- Submitted a claim to the claims administrator on or before November 7, 2022;
- Whose claim was accepted by the claims administrator; and
- Has not been in contact with Koskie Minsky LLP after submitting your claim form.
The Court-ordered Individual Issues Protocol states that if a claimant fails to select a track within 90 days of being provided with their complete disclosure, your Claim will be moved into Track 2, Box 1 only. Your damages will be calculated based on your time in segregation, up to a maximum of $20,000.
If you have been in touch with Koskie Minsky LLP, but your contact information has changed, please ensure to update your contact information with the claims administrator. The administrator’s contact information is:
Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354 -
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July 17, 2023
This update does not apply to you if you did not receive a notification from the administrator with a request to correct an “identified deficiency”.
This update is for all eligible claimants in the Federal Prisoner Mental Health Class Action who:
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- Submitted a claim to the claims administrator on or before November 7, 2022; and
- Were contacted by the administrator to correct an “identified deficiency”.
To correct your “identified deficiency”, you must:
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- Provide a copy of the front and back of valid photo ID to the administrator;
- Provide an updated address to the administrator; or
- Both 1 and 2.
The administrator’s contact information is:
Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354If you have any questions, please feel free to contact us.
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November 9, 2022
The claims period closed on November 7, 2022. No further Claim Forms will be accepted.
If you submitted a claim, it is your responsibility to ensure that the Administrator has the correct mailing address on file, for delivering important correspondence and any future payments. To update your address, you must contact the Administrator immediately.
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September 6, 2022
The Claims Period deadline has been extended to November 7, 2022. Claims must be received by the Claims Administrator before that date in order to be processed. Class members who do not file a Claim Form before the deadline will not be eligible for any compensation. To view the Claim Form, click here.
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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.
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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.
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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.
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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.
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May 29, 2020
Justice Perell awarded $20 million in base level damages to the Class. A distribution protocol is to be determined. To view the Reasons for Decision, please click here.
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May 13, 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 this matter is scheduled for May 26, 2020. When the Court issues its revised aggregate damages decision, parties will file materials respecting the distribution of those damages within 10 days of the decision. The Court will determine the distribution protocol as soon as practicable thereafter.
A motion date to determine the individual issues protocol (for additional individual damages) is scheduled to proceed on October 6-8, 2020.
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March 9, 2020
In a unanimous decision, the Ontario Court of Appeal agreed that Canada had breached Class members’ Charter rights and freedoms by placing seriously mentally ill prisoners in solitary confinement. However, the Court remitted the damages award back to the motion judge for reconsideration.
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. -
March 26, 2019
We are pleased to report that in an unprecedented decision, the Honourable Justice Perell awarded $20 million in Charter damages to the seriously mentally ill who have been subjected to solitary confinement in Federal prisons.
The damages are to be distributed in the form of additional mental health or program resources for structural changes in prisons. Individual claims for compensation will be adjudicated at a later date.
To view the reasons for decision, please click here.
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February 25, 2019
The class definition and claim have been amended by Order of Justice Perell dated February 21, 2019.
To view the Order of Perell J re Discontinuance of Claim please click here.
To view the Order of Perell J re Class Definition please click here.
To view the press release please click here. -
February 25, 2019
The plaintiffs’ summary judgment motion was heard on February 13-15 and 20-21, 2019. Justice Perell reserved his decision.
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September 4, 2018
The parties have agreed to adjourn the summary judgment motion in order to conduct settlement discussions. These discussions will continue until December 2018. If no settlement is reached, the summary judgment motion will be rescheduled for Spring 2019.
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February 10, 2017
The Defendant, the Attorney General of Canada, delivered its Statement of Defence today. A copy can be found here.
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February 2, 2017
Justice Perell has scheduled the plaintiffs’ summary judgment motion in this matter to be heard on June 25-29, 2018.
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January 21, 2017
Notice of certification of this class proceeding has been disseminated. A copy of the Long Form Notice can be found here. A copy of the Short Form Notice can be found here.
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December 22, 2016
See a copy of the Fresh As Amended Statement of Claim filed today here.
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December 14, 2016
Justice Perell certified this class proceeding on December 12, 2016 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.
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May 19, 2016
The Defendant has been granted an extension until August 31, 2016 to deliver its certification record.
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April 25, 2016
The Plaintiffs have delivered their certification record. The Defendant’s responding certification record is due by June 1, 2016.
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January 14, 2016
The Plaintiffs will be delivering their certification record by February 15, 2016 in accordance with the certification timetable set by Justice Perell. A copy of the timetable order can be found here.
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September 28, 2015
A case conference is scheduled for November 13, 2015.
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September 10, 2015
The Class Proceedings Fund has agreed to fund this action.
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August 26, 2015
A hearing to decide whether funding should be granted to this action from the Class Proceedings Fund is scheduled to be heard on September 9.
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July 17, 2015
The statement of claim in this action has been issued. A copy is available here.
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March 4, 2024
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News Releases and Reports
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Documents
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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
Toll-free: 1-866-777-6343
Email: Prisonermentalhealth@kmlaw.ca
