$28M Federal Administrative Segregation Class Action Settlement

Update:

• The claim deadline has been extended to Nov. 7, 2022.

Citizens who experienced administrative segregation, a type of solitary confinement, in a Canadian federal penitentiary may be eligible to receive compensation thanks to a $28 million class action settlement, which includes three separate class action lawsuit claims.

The solitary confinement class action settlement Class includes two groups. 

The first group includes any individual who stayed in administrative segregation in a Canadian federal penitentiary for more than 16 consecutive days or more on or after March 3, 2011. 

The second group includes individuals who stayed in administrative segregation in a Canadian federal penitentiary for any length of time on or after July 20, 2009, were diagnosed with a mental disorder before or during incarceration, and suffered serious impairment as a result of their disorder.

The federal administrative segregation class action settlement specifically states it makes no difference whether the Class Member’s time in administrative segregation was voluntary or not.

In three separate class action lawsuit claims, plaintiffs allege inmates’ rights were violated when they were placed in administrative segregation. These human rights violations were allegedly committed against mentally ill inmates, too.

The Courts did make a decision regarding the human rights violations alleged in the federal administrative segregation class action. The Courts have concluded that the rights of inmates placed on administrative segregation while incarcerated in Canadian federal penitentiaries were violated.

Class Members who want to receive compensation in the solitary confinement lawsuit settlement must submit a claim. 

Class Members who do not file a claim will not receive any money. They will also give up their right to receive any compensation regarding this federal administrative segregation class action settlement in the future.

The amount of compensation each Class Member will receive hinges on the type of claim the Class Member submits. 

There are three types of Claims, known as “Tracks”. 

• Track 1 Class Members will receive an equal share of the $28 million lump sum. 
• Track 2 Class Members will receive at least an equal share of the $28 million lump sum and up to $50,000. 
• Track 3 Class Members will receive at least an equal share of the $28 million lump sum, but more than $50,000. There is no limit to the compensation Track 3 Class Members can receive.

The deadline for Class Members to opt out and exclude themselves from the solitary confinement class action lawsuit settlement has already expired. 

Class Members may still be eligible to opt out if they were first placed on administrative segregation after Dec. 12, 2016, and they have not yet had an opportunity to opt out. This deadline is Oct. 7, 2021.

The deadline to file a claim is Sep. 7, 2022.

Who’s Eligible

The settlement Class includes two groups. 

The first group includes any individual who stayed in administrative segregation in a Canadian federal penitentiary for more than 16 consecutive days or more on or after March 3, 2011. 

The second group includes individuals who stayed in administrative segregation in a Canadian federal penitentiary for any length of time on or after July 20, 2009, were diagnosed with a mental disorder before or during incarceration, and suffered serious impairment as a result of their disorder.

Potential Award

Varies

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/07/2022

Case Name

• Brazeau v. Canada (Attorney General), Case No. (CV-15-53262500-CP);
• Reddock v. Canada (Attorney General), Case No. (CV-17-570771-00CP);
• Gallone v. Canada (Attorney General), Case No. (500-06-000781-167).

in the Ontario Superior Court of Justice or the Superior Court of Québec

Opt Out Deadline

10/07/2021

Settlement Website

SegregationClassActionFederal.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: Federal Segregation Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
info@SegregationClassActionFederal.ca
833‐871‐5354

Class Counsel

KOSKIE MINSKY LLP
MCCARTHY TÉTRAULT LLP
KOSKIE MINSKY LLP
TRUDEL JOHNSTON & LESPÉRANCE

Defense Counsel

ATTORNEY GENERAL OF CANADA