Settlement proposed in class-action lawsuit over B.C. solitary confinement
People with mental illness held in segregation for 15 consecutive days or more could get $91K
A proposed settlement of up to $60 million has been reached in a class-action lawsuit related to the use of solitary confinement in B.C. correctional facilities.
The Quebec-based law firm Proactio says the settlement still needs to be approved by the B.C. Supreme Court, but could provide eligible class members up to $91,000.
A statement from the firm on Saturday said the lawsuit alleges the B.C. government improperly subjected prisoners to solitary confinement, "causing emotional, physical, and psychological harm."
It further states that the province "denies liability but has opted to resolve the class action without a trial."
The class includes people incarcerated after April 18, 2005, and involuntarily held in separate confinement or segregation for at least 15 consecutive days, or when the province knew or ought to have known they suffered from a mental illness.
B.C.'s Ministry of Attorney General confirmed in an emailed statement that the province has agreed to jointly propose the resolution to the court.
The allegations in the statement of claim originally filed in November 2018 have not been tested in court.
The ministry said it has "taken lessons from the litigation successfully brought against other jurisdictions across the country and proposed a resolution to close this chapter quickly and avoid the kind of long expensive legal fights" seen elsewhere.
The distribution of public notices today is the first step in the settlement approval process, the statement added.
"It's important to note this is not a finalized settlement and it is still subject to court approval, where the court will assess whether the agreement the parties have reached is as fair as we think it is," it said.
Settlement hearing
A hearing to decide whether to approve the proposed settlement has been set for Oct. 22, the statement from Proactio said. Class members have until Sept. 2 to indicate if they support or object to the proposal, it said.
Those put in separate confinement after Dec. 22, 2020, can opt out by Sept. 2, in which case they would not receive compensation but would retain their right to pursue an individual lawsuit.
The firm said class members can also submit a claim for compensation at a later date if the court approves the settlement.
The court has appointed Koskie Minsky LLP and McEwan Partners LLP as class council, while Proactio has been mandated to act as administrator of the class action, the statement added.