BC Supreme Court will hold settlement approval hearing on Oct. 22, 2025
The parties to a class action proceeding alleging that British Columbia negligently and unlawfully used separate confinement and segregation in its correctional facilities have agreed to a proposed settlement of a maximum of $60 million.
Under the proposed settlement, eligible class members can receive compensation of $91,000 at most, according to a news release from Proactio.
The Supreme Court of British Columbia, which certified the class action, will hold a hearing on Oct. 22 to determine whether to approve the proposed settlement and fees for the court-appointed class counsel, Koskie Minsky LLP and McEwan Partners LLP.
According to the news release, the class action alleged that BC improperly subjected people to solitary confinement and harmed them emotionally, physically, and psychologically. Though it denied fault or liability, the province agreed to settle the case without proceeding to trial.
The class includes persons whom a BC correctional centre – as defined in s. 1 of BC’s Correction Act, 2004 – incarcerated after Apr. 18, 2005, and involuntarily held in separate confinement and/or segregation:
- for a prolonged period, specifically at least 15 consecutive days, or
- while BC knew or should have known they had a mental illness
The news release noted that class members could express their agreement or disagreement with the proposed settlement until Sept. 2.
In its news release, Proactio said class members separately confined or segregated after Dec. 22, 2020, could opt out. Upon opting out, they would not get any compensation, but could file their own individual cases.
Proactio, a subsidiary of Raymond Chabot Inc., provides class actions services. It serves as the mandated administrator of this class proceeding.
More on class action
Information from Koskie Minsky’s website gives more details on the BC solitary confinement class action.
The certified class action alleged that the province breached human rights in overusing solitary confinement in its correctional facilities.
The amended notice of civil claim dated Feb. 1, 2019, asserted that BC negligently overused solitary confinement and violated rights under the Canadian Charter of Rights and Freedoms by confining prisoners in this way for lengthy periods.
Separate confinement and/or segregation arise out of any placement away from the correctional centre’s general population under ss. 17, 18, 24, or 27(1)(d) of the Correction Act Regulation, B.C. Reg. 58/2005.
According to the information from the firm’s website, mental illness includes the following diagnosed disorders, as defined by the relevant Diagnostic and Statistics Manual of Mental Disorders:
- all subtypes of schizophrenia
- delusional disorder
- schizophreniform disorder
- schizoaffective disorder
- brief psychotic disorder
- substance-induced psychotic disorder, excluding intoxications and withdrawal
- psychotic disorder not otherwise specified
- major depressive disorders
- bipolar disorder I
- bipolar disorder II
- neurocognitive disorders and/or delirium, dementia, and amnestic and other cognitive disorders
- post-traumatic stress disorder
- obsessive compulsive disorder
- borderline personality disorder
BC’s Prince George Regional Correction Centre incarcerated the proposed representative plaintiff from April 2014 to May 2018, according to the firm. Within that time, she underwent both prolonged solitary confinement and solitary confinement of mental health disordered inmates.
