Manitoba judge approves $129M settlement for solitary confinement class action

A Manitoba adjudicate has sanctioned what a class-action decision maker says is a $129-million resolution accord in a lawsuit that alleged the province's use of segregation in provincial jails for adults and youth was negligent and breached Charter rights.

The agreement was approved Thursday in a Winnipeg courtroom, where Court of King's Bench Justice Theodor Bock made the decision after hearing emotional comments from people affected by the practice. They included a 22-year-old man who was held in segregation after being incarcerated as a young teen.

"It will very much likely haunt me for the rest of my life," he said, calling the segregation a "horribly traumatic" experience that "had a resounding effect."

Court also heard from two mothers, who described some of the struggles their late sons experienced after being held in segregation.

"These guys and girls have to reintegrate back into society and be functioning members of society," said one of those mothers, who told court she's now raising her young grandson. 

"And I just think it does a lot to be locked up for 23 hours a day."

Class-action administrator Proactio says on its website that the settlement fund, which it says is $129 million, is part of a deal where the Manitoba government agreed to resolve the lawsuit without a trial but denies liability.

Under the settlement agreement, it says eligible class-action lawsuit members are expected to receive awards starting at $3,000 for adults and $9,000 for youth.

They might be entitled to higher amounts if they were held in segregation for a prolonged period or suffered specific, provable harms while segregated. The maximum compensation is $100,000, depending on their circumstances, Proactio's website says.

The Manitoba class action covers three specific groups of people who experienced solitary confinement, which class-action counsel Koskie Minsky describes on its website as a person being segregated in a room or area without meaningful human contact for at least 22 hours in a day.

Those eligible include youths who were subjected to segregation in a Manitoba custodial facility after Sept. 12, 2006. People who were in segregation for at least 15 consecutive days, or while suffering from a serious mental illness, after Sept. 12, 2012, are also eligible, Proactio's website says.

Bock said he plans to release written reasons for his decision at a later date.

A spokesperson for Manitoba Justice Minister Matt Wiebe said in an emailed statement Thursday the government acknowledges the settlement accepted by the courts and will reserve further comment "pending the release of the written decision."

The Manitoba class-action development follows other lawsuits across Canada in recent years surrounding the use of solitary confinement, including in British Columbia and Ontario.

Reporter

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