Parties Propose to Settle BC Solitary Confinement Class Action for Up to $60 Million
A landmark class action lawsuit over the use of solitary confinement in British Columbia’s correctional facilities has reached a proposed settlement worth up to $60 million. The agreement, which still requires court approval, aims to compensate individuals who allege they were harmed by these practices since April 18, 2005.
Background and Allegations
The lawsuit, originally filed in November 2018, claims that the Province of British Columbia improperly subjected inmates to prolonged solitary confinement or segregation. Plaintiffs argue that this practice caused significant emotional, physical, and psychological harm, particularly for those with mental illnesses.
Legal filings allege that the province’s use of solitary confinement violated sections of the Canadian Charter of Rights and Freedoms. The province denies any liability but has agreed to settle to avoid lengthy and costly litigation.
Who Is Included in the Class Action?
To qualify for compensation, individuals must have been detained in a B.C. correctional centre after April 18, 2005, and involuntarily subjected to solitary confinement or segregation for at least 15 consecutive days. Alternatively, they may qualify if they were segregated at any point when the province knew or should have known they suffered from a mental illness.
Separate confinement or segregation is defined under B.C.’s Correction Act Regulation, which governs isolation from the general prison population.
Settlement Details and Court Approval
The proposed settlement is valued at up to $60 million, with eligible claimants potentially receiving up to $91,000 each, depending on their circumstances and the harm suffered. The B.C. Supreme Court is set to review the settlement on October 22, 2025.
If approved, a claims process will be established for affected individuals to submit their claims based on predefined criteria.
Government Position
While maintaining that it has done no wrong, the B.C. government stated that the settlement reflects its commitment to resolving the matter swiftly. It referenced similar legal actions in other jurisdictions as a reason for avoiding further litigation.
Legal Representation
The class action is led by the law firms Koskie Minsky LLP, McEwan Partners, and Proactio. Potential claimants can contact these firms for information or assistance with the settlement process.
Next Steps
The court’s final approval is pending as of October 22, 2025. If approved, eligible class members will be able to submit claims based on their experiences and the established criteria.
Key Points for Affected Individuals
Anyone who endured solitary confinement or segregation as described may be eligible for compensation. The amount awarded will depend on the specifics of each claimant’s experience and the court-approved process.
Caveats
The allegations have not been proven in court, and the settlement, if approved, represents a compromise rather than an admission of fault. Full details of the claims process will be outlined in further documents and FAQs on the class action websites.
This proposed settlement marks a significant step toward addressing the lasting effects of solitary confinement on inmates in British Columbia. The outcome will determine the extent of compensation for those affected.
How Compensation Will Be Determined
The compensation amount for each eligible claimant will be determined based on the severity of harm experienced and the specific circumstances of their solitary confinement. Factors such as the duration of confinement, the presence of mental illness, and the documented psychological impact will play a critical role in assessing individual payouts. The maximum payout of $91,000 per claimant is reserved for those who experienced the most severe and prolonged harm.
The Claims Process Explained
Once the settlement is approved by the court, a formal claims process will be established to ensure eligible individuals can submit their claims efficiently. Claimants will need to provide documentation to support their experiences, such as records of confinement, medical evaluations, and any other relevant evidence. The claims process will be overseen by an independent administrator to ensure fairness and transparency.
Government Reforms and Policy Changes
In response to the allegations and similar legal actions across Canada, the B.C. government has implemented reforms to address the use of solitary confinement in its correctional facilities. These reforms include stricter oversight of segregation practices, improved mental health screenings, and enhanced protections for inmates with pre-existing mental illnesses. While these changes are not an admission of liability, they reflect the government’s commitment to improving prison conditions and reducing the risk of harm to inmates.
Legal Insights and Reactions
The law firms leading the class action—Koskie Minsky LLP, McEwan Partners, and Proactio—have expressed satisfaction with the proposed settlement, calling it a “significant step toward justice” for those affected by solitary confinement. They emphasize that the agreement provides a measure of accountability and compensation without requiring claimants to endure the uncertainty and emotional toll of a prolonged trial.
Public Response and Advocacy
Advocacy groups and human rights organizations have welcomed the proposed settlement as a positive development in the ongoing effort to address the misuse of solitary confinement in Canada. Critics, however, argue that while the financial compensation is a step in the right direction, systemic reforms are necessary to prevent similar abuses in the future. They call for continued scrutiny of correctional practices and stronger legal safeguards to protect inmate rights.
Timeline and Expectations
With the court approval hearing scheduled for October 22, 2025, all parties are preparing for the next phase of the process. If approved, the claims process is expected to open shortly thereafter, with eligible individuals having a set period to submit their claims. Legal representatives have urged potential claimants to gather any relevant documentation and stay informed through official updates from the class action websites.
Conclusion
The proposed class action settlement for solitary confinement in British Columbia marks a significant step toward justice for those who have endured harm in correctional facilities. The compensation process, while complex, aims to provide fair reparation based on individual experiences and severity of harm. The government’s reforms and policy changes signal a commitment to improving prison conditions and protecting inmate rights. However, advocacy groups emphasize the need for ongoing scrutiny and systemic reforms to prevent future abuses. As the settlement moves toward court approval, eligible claimants are encouraged to prepare their documentation and stay informed through official channels.
Frequently Asked Questions
Who is eligible to claim compensation?
Eligibility is based on the severity of harm experienced during solitary confinement, including factors like duration, mental illness, and documented psychological impact.
What documentation is required to submit a claim?
Claimants need to provide records of confinement, medical evaluations, and any other relevant evidence to support their experiences.
How will the claims process be administered?
The process will be overseen by an independent administrator to ensure fairness and transparency for all eligible individuals.
How is compensation determined?
Compensation is based on the severity of harm, with the maximum payout of $91,000 reserved for those who experienced the most severe and prolonged harm.
What happens after the court approval?
If approved, the claims process will open shortly after the court hearing, with a set period for submitting claims.
Where can I get more information about the settlement?
Additional details and updates can be found on the official class action websites and through legal representatives.
