Disciplinary confinement of individuals incarcerated in a provincial prisons
Latest news
The parties filed the report of the joint expert.
The preliminary examinations of 10 members, as well as the examination of the representative of the Services correctionnels du Québec, took place in 2023.
The file will soon be completed. Trial dates have not yet been set but is expected to take place during the year 2025-2026.
If you have any questions about this class action, you can consult the Notice to members by clicking here.
The case
On October 1, 2020, George Michael Diggs, represented by Trudel Johnston & Lespérance, filed an Application for authorization to institute a class action concerning the use of solitary confinement as a disciplinary sanction in the provincial detention facility. This application has been filed against the Attorney General of Quebec, who represents the Services correctionnels du Québec (SCQ).
The application alleges that the SCQ uses this extreme measure to deprive individuals of their liberty in violation to their fundamental rights. The application also alleges that the disciplinary process that results in individuals being placed in isolation, also referred to as reclusion or confinement, lacks any procedural fairness. According to the application, this practice is wrongful and contravenes individuals’ fundamental rights.
Criteria to be a class member
You are included in this class action if you meet all the following criteria:
1. You have been placed in “solitary confinement” (i.e. confined or locked in a cell for at least 22 hours a day) in a Quebec detention facility; AND
2. Such confinement occurred between October 1, 2017, and June 29, 2021; AND
3. You were confined for disciplinary reasons, that is, following a decision of the facility’s disciplinary committee.
Individuals that were placed in solitary confinement for reasons other than disciplinary are excluded from this action. However, these individuals could be member of the Gallone action, which refers to court case no 500-06-000866-174.
Individuals that were placed in solitary confinement for Covid-19 related reasons are excluded from this action.
If you think you could be a member of the class and want to be keep posted, you can register to our mailing list by completing the form below.
Summary of the Class Action
On October 1, 2020, the Plaintiff filed the Application for authorization to institute a class action and obtain the status of representative.
On October 21, 2020, the Honourable Justice Chatelain appointed the Honourable Justice Pierre-C. Gagnon as the managing judge of the file.
On November 17, 2020, the Honourable Justice Pierre-C. Gagnon issued a case management Order providing for a timeline until the hearing on the application for authorization.
On December 17, 2020, the representative has been examined, pursuant to this Order.
On March 12, 2021, the Defendant filed an Application to adduce appropriate evidence. This application has been granted in part on April 8, 2021.
On June 1, 2021, the hearing concerning the authorization of the class action was held before the Honorable Pierre-C. Gagnon from the Superior Court.
On June 29, 2021, the Honorable Pierre-C. Gagnon authorized the class action. You can consult the judgment authorizing the class action by clicking here (French only).
On September 30, 2021, the plaintiff filed the Originating Application, which was amended on May 19, 2022. A case protocol providing for the next steps to be taken was also prepared and approved by the Court on October 25, 2022.
FOR MORE INFORMATION :
Line for individuals in detention: 438 -384-7259
Toll free : 1-855-552-2723