Federal Administrative Segregation Class Action

What is this case about?

 

The lawsuit claims the Government of Canada improperly subjected inmates to Administrative Segregation and that these inmates were treated improperly by Correctional Services of Canada staff. The lawsuit claims that these people were unduly emotionally, physically, and psychologically traumatized by their experiences at the Federal Penitentiaries. The Government of Canada denies these claims. The Court has not decided whether the Class or Canada is right. The lawyers for the Class will have to prove their claims in Court.

 

Who is included?

 

The Class includes:

 

All persons, except Excluded Persons, as defined below, who were involuntarily subjected to a period of Prolonged Administrative Segregation, as defined below, at a Federal Institution, as defined below, between  November 1, 1992 and the present, and were alive as of March 3, 2015.

 

 “Excluded Persons" are defined as

 

All offenders incarcerated at a Federal Institution who were diagnosed by a medical doctor with an Axis I Disorder (excluding substance abuse 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 and

 

All persons who were involuntarily subjected to Prolonged Administrative Segregation, as defined below, only at a Federal Institution situated in the Province of Quebec after February 24, 2013.  Persons who were involuntarily subjected to Prolonged Administrative Segregation at Federal Institutions situated in Quebec and another Canadian province, or at a Federal Institution situated in Quebec prior to February 24, 2013, are not Excluded Persons.

 

 “Administrative Segregation” is defined as the practice of placing an inmate in a small cell and denying them any meaningful human contact for at least 22 hours a day, pursuant to sections 31 to 37 of the Corrections and Conditional Release Act, S.C. 1992, c. 20.

 

 “Prolonged Administrative Segregation” is defined as the practice of subjecting an inmate to Administrative Segregation for a period of at least fifteen (15) consecutive days.

 

 “Federal Institutions” are defined as the system of Federal correctional facilities across Canada that is administered by the Correctional Service of Canada, a Federal Government body.

 

Who represents the class?

 

The Court has appointed Koskie Minsky LLP and McCarthy Tétrault LLP to represent the Class as “Class Counsel”.  You don’t have to pay Class Counsel, or anyone else, to participate.  Instead, if they get money or benefits for the Class, they may ask for lawyers’ fees and costs, which would either be deducted from any money obtained or be paid separately by Canada.  You may hire your own lawyer to appear for you, but if you do, you may have to pay that lawyer.

 

What are your options?

 

Stay in the Class:  To stay in the Class, you do not have to do anything.  If money or benefits are obtained, you will be notified about how to ask for a share.  You will be legally bound by all orders and judgments, and you will not be able to sue Canada about the legal claims in this case.

 

Staying in this Class will not impact the residence or supports received by class members from community based agencies which are funded by any government.

 

Get out of the Class:  If you want to keep your rights to sue Canada individually over the claims in this case you need to remove yourself by sending a letter or an Opt Out form to the Administrator postmarked no later than September 19, 2018. If you remove yourself, you cannot get money or benefits from this lawsuit if any are awarded. For more information about removing yourself, or opting out, click here.

 

How can I get more information?

 

Go to www.federaladministrativesegregationclassaction.ca, call toll free 1-833-430-7536 (TTY: 1-877-627-7027) or write to:

Federal Administrative Segregation Class Action Administrator

3-505, 133 Weber St N

Waterloo ON N2J 3G9

 

Or by email at: federaladministrativesegregationclassaction@crawco.ca

 

 

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