A proposed $60 million settlement may soon bring justice to former prisoners held in solitary confinement in British Columbia correctional centres. The class-action lawsuit claims the province caused serious harm by isolating inmates for long periods or while they were mentally ill.
According to the Quebec-based law firm handling the case, the settlement must still be approved by the B.C. Supreme Court. If approved, people who qualify could receive as much as $91,000 in compensation.
The class includes anyone held in B.C. correctional facilities after April 18, 2005, who was placed in solitary confinement or segregation for 15 or more straight days. It also includes those with mental illness who were isolated when the province should have known about their condition.
The government has admitted no fault but says it is willing to resolve the matter without a long trial. In an official statement, the Ministry of Attorney General said it aims to end this case quickly and fairly. The ministry noted that lessons were learned from similar legal actions in other parts of Canada.
The lawsuit describes solitary confinement as being locked in a cell for at least 22 hours a day with little or no human contact. It argues that this form of confinement is cruel and inhumane, especially for people with mental health conditions.
One of the lead plaintiffs in the case had been diagnosed with mental illnesses such as borderline personality disorder and antisocial personality disorder. He was subjected to both short- and long-term isolation while in custody at the Prince George Regional Correctional Centre.
He and others in the lawsuit experienced serious health issues while in confinement. These effects included depression, hallucinations, paranoia, insomnia, self-harm, and weight loss. Some said they struggled to separate reality from thoughts. The lawsuit also says their mental and physical problems got worse while in isolation.
The claim argues that the province failed in its duty to care for inmates. It states that British Columbia did not follow the Canadian Charter of Rights and Freedoms, the Correction Act, and other provincial and international rules that protect prisoners from harmful treatment.
The public notice of this settlement was released on Saturday. However, the agreement will only take effect if the court approves it. A hearing is scheduled for October 22, where a judge will decide whether the proposal is fair and reasonable.
Anyone placed in solitary confinement after December 22, 2020, can choose to leave the class by September 2. If they opt out, they will not receive money from this settlement but can file individual lawsuits.
Class members have until September 2 to say if they support or object to the settlement. If the court approves it, they can then submit claims for compensation.
The court has selected two law firms, Koskie Minsky LLP and McEwan Partners LLP, to act as class counsel. Proactio has been appointed as the administrator of the class action and will manage the claims process.
Although the lawsuit was first filed in 2018, the complaint covers cases going back nearly two decades. If approved, this settlement will offer financial relief and recognition to many people who suffered under solitary confinement in the province.
