Koskie Minsky LLP commenced a class action against the Attorney General of Canada alleging systemic over-reliance on solitary confinement and failure to provide adequate health care to mentally ill prisoners incarcerated in the Federal penitentiary system. This case was certified on December 12, 2016. It is now a class proceeding that is continuing on to the resolution of the merits of the action.
The claim alleges breaches of sections 7, 9, and/or 12 of the Canadian Charter of Rights and Freedoms. The class of persons this class proceeding seeks to represent is comprised of the following:
All offenders in federal custody who were 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.
- 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.
For inquiries, please visit the Class Action Administrator’s website here. You can also contact the Class Action Administrator in the following ways:
|Federal Prisoner Mental Health
Class Action Administrator
c/o Crawford & Company
3-505, 133 Weber St N.
Waterloo ON N2J 3G9
Or you can contact Koskie Minsky LLP with any questions:
Toll Free Hotline: 1-866-777-6343