Ontario Youth Justice Facilities Detainee Isolation $15M Class Action Settlement

Ontario has agreed to pay $15 million to resolve claims it unlawfully isolated detainees in its youth justice facilities.

The settlement benefits individuals who were segregated at one of the following Ontario youth justice facilities for longer than six consecutive hours between April 1, 2004, and Dec. 17, 2018, while under the age of 18:

• Bluewater Youth Centre  
• Brookside Youth Centre  
• Cecil Facer Youth Centre  
• Donald Doucet Youth Centre  
• Invictus Youth Centre  
• Justice Ronald Lester Youth Centre  
• Roy McMurtry Youth Centre  
• Sprucedale Youth Centre  
• Toronto Youth Assessment Centre

The settlement Class does not include individuals who were segregated as a result of a lockdown at a youth detention facility or due to the authorized practice of locking youths in their rooms.

Youth justice facilities in Ontario provide programs and services to people from ages 12 to 17 who break the law. These facilities are separate from the province’s adult justice system and focus on improving outcomes, reducing offending behavior, and more. 

Unfortunately, youths at these locations may have been isolated, or segregated, from the rest of the facility for longer than six hours. 

Extended segregation in youth facilities has garnered outcry from advocates and, more recently, from provincial authorities. 

In 2021, British Columbia Ombudsperson Jay Chalke called extended, indeterminate isolation “unjust” and “oppressive.” In a CBC report, Chalke noted this isolation disproportionately affects indigineous detainees and female youth detainees.

“[Y]outh in custody should not be isolated from other youth in custody except as a last resort when all other options have failed,” Chalke said.

In a class action lawsuit that was certified in 2018, an anonymous plaintiff challenged extended isolation in Ontario facilities. The plaintiff argued they and other detainees at Ontario youth justice facilities were held for far longer than was reasonable.

In addition to causing harm, the plaintiff claimed extended isolation at youth justice facilities was unlawful. 

According to the youth justice facilities class action lawsuit, these periods of extended segregation violated the Charter of Rights and Freedoms amongst other legal requirements.

The province of Ontario hasn’t admitted any wrongdoing in this case but agreed to resolve these claims with a $15 million class action settlement. 

The settlement provides cash payments to Class Members who were unlawfully isolated at Ontario youth justice facilities. 

Compensation will vary depending on how long a Class Member was isolated, according to a press release from Class Counsel. However, payments will reportedly range from $1,000 to $40,000. 

Settlement payments are split into four “categories” with varying isolation times and compensation ranges, as follows:

• Category 1 claimants were held in youth segregation between six and 72 consecutive hours and may recover $1,000. 
• Category 2 claimants were held in youth segregation between 72 consecutive hours and 5 consecutive days and may recover $5,000.
• Category 3 claimants were held in youth segregation between six and 14 consecutive days and may recover $12,000.
• Category 4 claimants were held in youth segregation for 15 consecutive days or more and may recover between $35,000 and $40,000.

Exact payment amounts may vary depending on the number of Class Members who file a valid claim with the settlement.

The settlement was granted final approval by the Ontario Superior Court of Justice on Oct. 14, 2021.

In order to receive benefits from the settlements, Class Members must submit a valid claim form  by Aug. 26, 2022.

Who’s Eligible

The settlement benefits individuals who were segregated at one of the following Ontario youth justice facilities for longer than six consecutive hours between April 1, 2004, and Dec. 17, 2018, while under the age of 18:

• Bluewater Youth Centre  
• Brookside Youth Centre  
• Cecil Facer Youth Centre  
• Donald Doucet Youth Centre  
• Invictus Youth Centre  
• Justice Ronald Lester Youth Centre  
• Roy McMurtry Youth Centre  
• Sprucedale Youth Centre  
• Toronto Youth Assessment Centre

The settlement Class does not include individuals who were segregated as a result of a lockdown at a youth detention facility or due to the authorized practice of locking youths in their rooms.

Potential Award

$1,000 to $40,000

Proof of Purchase

The Claim Form provides instructions as to what supporting documentation is required in respect of each compensation Category. You will need to provide the following information and supporting documents:

• Identity Document: You will need to provide a document that proves your identity and date of birth (e.g., birth certificate, driver’s license, passport, or other official Government-issued identification).
• Claim Form: You will need to provide a written statement that describes the events surrounding each placement in Youth Segregation and the justification for each placement, as told to you at the time. You will also have to describe how long you were kept in Youth Segregation and how many times you were placed in Youth Segregation.
• Consent: You will need to read and sign the Consent included with the Claim Form to give permission for your relevant Youth Records to be obtained in relation to your Claim Form.

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

08/26/2022

Case Name

C.S. v. Her Majesty the Queen in right of Ontario, Court File No. CV-16-534895-CP, in the Ontario Superior Court of Justice

Final Hearing

10/14/2021

Settlement Website

YouthSegregationClassAction.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: Ontario Youth Segregation Class Action Administrator
PO Box 507 STN B
Ottawa, ON
K1P 5P6
[email protected]
833-430-7538

Class Counsel

KOSKIE MINSKY LLP

STROSBERG SASSO SUTTS LLP

Defense Counsel

CROWN LAW OFFICE