Ontario Solitary Confinement Class Action – October 31, 2018

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.

---