Solitary Confinement in Quebec Federal Penitentiaries
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The claims period is now finished.
For information on the administration of your file, please call Epiq at 1-833-871-5354, email them at [email protected] or visit www.segregationclassactionfederal.ca.
The case
On February 24, 2016, Arlene Gallone, represented by Trudel Johnston & Lespérance, launched a class action regarding solitary confinement. The lawsuit alleged that the practice of the Government of Canada of confining inmates to solitary confinement (such as administrative segregation) for more than 72 consecutive hours violates the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. Similarly, the lawsuit alleged that the solitary confinement of inmates with a mental health disorder violates both of these fundamental laws, regardless of the length of their placement.
On January 13, 2017, the Superior Court of Quebec authorized Arlene Gallone to bring a class action in damages against the Attorney General of Canada. On February 28, 2017, the Plaintiff filed the Originating Application.
In 2018, the Government of Canada and the plaintiff entered in preliminary settlement discussions. These discussions were held jointly with two other class actions on behalf of prisoners that have been placed in administrative segregation: Brazeau v. Canada and Reddock v. Canada. The prosecution of the class action was suspended until December 2018 while the parties engaged in those settlement discussions. The parties did not reach an agreement, therefore the proceedings resumed in January 2019.
In June 2019, the Attorney General of Canada filed his defense. The out-of-court examination of representatives of the Correctional Service of Canada also took place in June 2019.
In 2019 and 2020, major decisions regarding solitary confinement have been rendered by the Ontario and British Columbia Courts of Appeal in related cases, namely Reddock v. Canada and Brazeau v. Canada, launched in Toronto by Koskie Minsky LLP and McCarthy Tétrault LLP. These final decisions confirm that administrative segregation violates rights protected by the Canadian Charter and that members must receive compensation.
On September 10, 2020, Justice Masse rendered a judgment confirming the responsibility of the Government of Canada in our file Gallone v. Canada. In this judgment, Justice Masse also changed the class definition to mirror the findings in Reddock and Brazeau. The lawsuit now covers 1) placements of more than 15 days and 2) placements of inmates suffering from certain mental health disorders (Axis I Disorder or Borderline Personality Disorder).
On October 8, 2020, Justice Masse ruled that the collective recovery value for the members of the Gallone case was close to $ 5.9 million and that the members could claim additional damages through individual recovery. Judge Masse also approved the fees of the lawyers for the class members on the amount already obtained for the class members.
Justice Perell, from the Ontario Court of Justice, and Justice Masse, from the Quebec Superior Court, have rendered several decisions on the joint claims process for the Brazeau, Reddock and Gallone class actions. These decisions were rendered in five parts:
1. November 25, 2020 judgment on the claims process (Part 1)
2. March 12, 2021 judgment on the claims process (Part 2)
3. June 14, 2021 judgment on the claims process (Part 3)
4. July 15, 2021 judgment on the claims process (Part 4)
5. July 23, 2021 order approving the terms of appointment of the administrator
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