Solitary confinement in provincial prison
This class action seeks indemnity for incarcerated people within provincial facilities, which have been placed under solitary confinement based on administrative purposes by the CSQ.
This class action seeks to obtain compensation in regards of damages for the prejudice against the members and punitive damages for the intentional breach of their fundamental rights.
The examinations of the class members and of the representatives of the Ministry of Public Security took place in the summer of 2019. The parties retained a joint expert who filed a report regarding the damages experienced by the individuals placed in segregation. The defense was filed in January 2021. Trial dates have not yet been set.
On March 10, 2023, the Court authorized the substitution of the representative and the amendment of the Originating Application. The representative Arlene Gallone is substituted by George Michael Diggs in this class action.
The class action
On September 21st 2018, Arlene Gallone, who is represented by Trudel Johnston & Lespérance, was authorized to institute a class action regarding solitary confinement against the Attorney General of Quebec, which is representing the Correctional Services of Quebec (CSQ).
The application for authorization to institute a class action was filed on June 14th 2017, and was heard by the Court on June 21st, 2018.
The demand implies that the CSQ used this drastic method on a regular basis as a management measure of the inmate population, which include prisoners suffering from mental illness. Consequently, the demand implies that this measure is unlawful and faulty of breaching fundamental rights.
The notices to class members, which are also available on this page, were displayed in the common rooms of every provincial correctional facility in the province of Québec, or given individually to incarcerated people placed under solitary confinement.
On Novembre 15th 2018, Arlene Gallone filed the Originating Application. The Correctional Services of Quebec contest the action.
Are you a member?
The class members are defined as follows:
All persons held in solitary confinement for more than 22 hours in a provincial correctional facility in the province of Quebec. The solitary confinement must have taken place after June 14th 2014.
However, the following types of solitary confinement are excluded from this class action:
- Disciplinary confinement;
- Preventive solitary confinement (dry cell).
If you think you are class member and want to receive information on the file, you can sign up to our mailing list by signing the form below.
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