People who were put into solitary confinement while imprisoned inside Manitoba youth and adult jails can now file a claim as part of a class action lawsuit. As CTV News previously reported, the Manitoba Court of King’s Bench approved a $129-million settlement earlier this year into the provincial government’s use of segregation in custodial facilities. The class action argued the government’s use of solitary confinement—defined in court filings as segregation in a room or area without meaningful human contact for at least 22 hours a day—was negligent and breached inmates’ Charter rights to life, liberty and security, and protection against cruel and unusual punishment. Now, according to a Monday news release by Proactio, which is administering the settlement fund, eligible class members can file a claim until August 24, 2027, to receive a cash settlement up to $100,000. Proactio previously said eligible class-action lawsuit members are expected to receive awards starting at $3,000 for adults and $9,000 for youth. It notes that members may be entitled to higher amounts if they were subjected to a prolonged period or if they suffered specific, provable harms while segregated. Eligible claimants include youth placed in segregation in a provincial jail after Sept. 12, 2006, and adults placed in segregation after Sept. 12, 2012, who were either held for a minimum of 15 consecutive days or were living with a serious mental illness at the time. Under Manitoba’s Correctional Services Act, disciplinary segregation can be imposed as a penalty for adult inmates found guilty of a disciplinary offence, for a maximum of 15 days. It is prohibited for youth inmates. Preventive segregation, used in instances such as when an inmate poses a risk to the facility’s security or the safety of others or themselves, carries no maximum time limit. However, reviews are required at regular intervals, according to the Act. The provincial government agreed to resolve the class action through the settlement without a trial while denying liability. Information on how to file a claim is available through Proactio’s website.
