Manitoba Segregation Class Action
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Summary of Class Members’ legal rights and options at this time
The deadline to opt out of the Class Action is February 16, 2023. If you wish to participate in the Class Action, do NOT opt out.
Do nothing at this time if you wish to participate in the Class Action.
Frequently asked questions (FAQs)
1. What is a class action lawsuit?
A class action is a type of lawsuit in which one or more persons, referred to as representative plaintiffs, bring a suit on behalf of all of the members of a similarly situated group who have similar claims, except for those who choose to exclude themselves, without the necessity of each member filing an individual lawsuit and incurring all of the expenses or appearing as an individual plaintiff.
2. Why was this notice issued?
This lawsuit has been “certified” as a class action. This means that the lawsuit meets the requirements for class actions and may proceed to trial. If you are included in the class, you may have legal rights and options before the court decides whether the claims being made against Manitoba on your behalf are correct. This notice explains all of these things.
A judge of the Manitoba Court of King's Bench is currently overseeing this case. The case is known as Gamblin et al. v. The Government of Manitoba, Court File No. CI-21-01-31242. The people who sued are called the Plaintiffs. The Government of Manitoba is the Defendant.
3. What is this lawsuit about?
The lawsuit says that Manitoba improperly used solitary confinement in provincial adult and youth jails. The lawsuit says that Manitoba's use of solitary confinement constitutes systemic negligence, breaches inmates' rights under the Canadian Charter of Rights and Freedoms, and breaches the fiduciary duty owed by Manitoba to inmates.
Manitoba denies these claims. The Court has not decided whether the Plaintiffs or Manitoba is right. The lawyers for the Plaintiffs will have to prove their claims in Court.
If you are having a difficult time dealing with these issues you can call 1-855-458-0290 (TTY: 1-877-627-7027) for assistance.
4. Why is this a class action?
In a class action, a person or people called the “Representative Plaintiff(s)” sue on behalf of other people who have similar claims. All of these people are a “Class” or “Class Members.” The court resolves the issues for all class members in one case, except for those who remove themselves from the class action (opt out).
5. Who is a member of the Class?
The Class includes:
Inmates with a Serious Mental Illness
All current and former inmates, who were alive as of September 12, 2016, who were subjected to Disciplinary Segregation or Preventive Segregation for any length of time at one of the Provincial Custodial Facilities between September 12, 2012 and May 4, 2022; who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders:
and who suffered from their disorder, in a manner described in Appendix “A”, and who reported such diagnosis and suffering to the Government of Manitoba and/or its agents before or during their segregation.
All current and former inmates, who were alive as of September 12, 2016, who, while under the age of 18, were subjected to Preventive Segregation at one of the Provincial Custodial Facilities for any length of time between September 12, 2006 and May 4, 2022.
Inmates in Prolonged Solitary Confinement
All current and former inmates, who were alive as of September 12, 2016, who were subjected to Solitary Confinement at one of the Provincial Custodial Facilities for 15 or more days between September 12, 2012 and May 4, 2022.
Please note: the glossary of the relevant DSM is to be used to interpret the foregoing terms where appropriate.
6. What are the Plaintiffs asking for?
The Plaintiffs are asking for money or other benefits for the Class. They are also asking for lawyers' fees and costs, plus interest.
7. Is there any money available now?
No money or benefits are available now because the court has not yet decided whether Manitoba did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how to ask for your share.
8. What happens if I do nothing?
If you do nothing you will automatically remain in the class action. You will be bound by all court orders, good or bad. If any benefits are awarded, you may need to submit a claim or take other action to receive any benefits.
9. What if I do not want to be in the Class?
If you do not want to be in the Class, you must remove yourself – this is sometimes referred to as “opting out.” If you remove yourself, you will not receive any benefit that may be obtained from the lawsuit. You will not be bound by any court orders, and you keep your right to sue Manitoba as an individual regarding the issues in this case.
To remove yourself, send a letter that says you want to be removed from the Class in Gamblin et al. v. The Government of Manitoba. Include your name, address, telephone number, and signature. You can also get an Opt Out Form at www.ManitobaSegregationClassAction.ca. You must mail your Removal Request postmarked by February 16, 2023 to: Epiq Class Action Services Canada Inc., Attention: Manitoba Segregation Class Action Administrator, PO Box 507 STN B, Ottawa ON K1P 5P6, or by email at: Info@ManitobaSegregationClassAction.ca.
Call 1-855-458-0290 (TTY: 1-877-627-7027) if you have any questions about how to get out of the Class.
10. Do I have a lawyer in the case?
Yes. The Court has appointed Koskie Minsky LLP to represent you and other Class Members as “Class Counsel.” You will not be personally charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in court for you at your own expense.
11. How will the lawyers be paid?
Class Counsel will only be paid if they win a trial or if there is a settlement. The court must also approve their request to be paid, and will only approve fees that are fair, reasonable, and in the best interests of the Class. The fees and expenses could be deducted from any money obtained for the Class, or paid separately by the Defendant.
12. How and when will the court decide who is right?
If the lawsuit is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial. During the trial, a judge will hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or Manitoba is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefits for the Class.
13. Will I get money after the trial?
If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified about how to ask for a share or what your other options are at that time. These things are not known right now. Important information about the case will be posted on the website, www.ManitobaSegregationClassAction.ca, as it becomes available.
14. How do I get more information?
You can get more information at www.ManitobaSegregationClassAction.ca, by calling toll free at 1-855-458-0290 (TTY: 1-877-627-7027), or writing to: Epiq Class Action Services Canada Inc., Attention: Manitoba Segregation Class Action Administrator, PO Box 507 STN B, Ottawa ON K1P 5P6, or by email at: Info@ManitobaSegregationClassAction.ca.