A B.C. class-action lawsuit over the use of separate confinement and segregation in the province’s correctional centres has reached a proposed settlement of up to $60 million.
According to the release by Quebec-based law firm Proactio, the class action alleges that the Province of B.C. “improperly subjected individuals to solitary confinement, causing emotional, physical, and psychological harm.”
The statement by the subsidiary of Raymond Chabot Inc. also stated that while the Government of B.C. denies wrongdoing or liability, it has agreed to settle the class-action lawsuit without going to trial.
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The B.C. Supreme Court must still approve the proposed settlement, which could provide eligible class members with compensation valued up to $91,000.
A hearing is scheduled for Oct. 22, 2025, to rule on the settlement as well as Class Counsel’s fees.
Who is part of the class-action lawsuit?
Individuals incarcerated in a B.C. correctional facility after April 18, 2005, and who were involuntarily held in separate confinement and/or segregation for at least 15 consecutive days or while B.C. knew or ought to have known they suffered from a mental illness, are members of the class action.
The amended notice of civil claim dated Feb. 1, 2019, explains that, “Under solitary confinement practices, inmates are placed in cells and denied any meaningful human contact for at least 22 hours per day.
“Each instance of prolonged solitary confinement, and/or solitary confinement of mental health disordered inmates, constitutes cruel, inhumane, and degrading treatment,” said the notice of civil claim in B.C. Supreme Court.
“Both practices ignore the right of prisoners to due process. Both practices cause or aggravate serious psychological and physical damage. Both practices are contrary to domestic and international law.”
How can members participate in the lawsuit?
Proactio is inviting class members to submit a support or objection form about the proposed settlement no later than Sept. 2, 2025.
Those who were placed in separate confinement or segregation after Dec. 22, 2020, can opt out of the class action by submitting a form by Sept. 2, 2025. Those choosing to opt out will not receive any compensation from the settlement, but will keep their right to pursue an individual lawsuit.
Members can also do nothing at the moment and submit a claim for compensation at a later date, pending approval by the Supreme Court of B.C. in October.
Koskie Minsky LLP and McEwan Partners LLP were appointed by the court as Class Counsel, while the firm Proactio will act as administrator of the class action.
