On January 13th 2017, the Superior Court of Quebec authorized Arlene Gallone to bring a class action in damages against the Attorney General of Canada.
The lawsuit alleges 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 alleges that solitary confinement of inmates with a mental health disorder violates both of these fundamental laws, regardless of the length of their placement. Arlene Gallone claims that such solitary confinement constitutes a fault from the Correctional Services of Canada.
The class action seeks compensatory damages for the harm that class members suffered as a result of their unlawful solitary confinement and punitive damages for the Correctional Service of Canada’s intentional interference with their fundamental rights.