Manitoba Segregation Class Action

Important Dates

 

 

Address & Contact Info Changes: Please promptly notify the Administrator of any changes to your contact information as we use what’s on file to communicate with you. When providing changes, please provide your full name, your claim ID (if applicable), as well as confirm the old contact information and the change requested.

Summary of Class Members’ legal rights and options at this time

Opt-Out
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

Do nothing at this time if you wish to participate in the Class Action.

Were You Incarcerated in a Provincial Adult or Youth Jail in Manitoba between September 12, 2006 and May 4, 2022? If YES, a Class Action May Affect Your Rights.

 

A Court has certified a class action for current and former inmates of provincial jails in Manitoba who:

 

  • Were placed in segregation for prolonged periods of time (15 or more consecutive days) between September 12, 2012 and May 4, 2022;
  • Were placed in segregation for any length of time as youth between September 12, 2006 and May 4, 2022; or
  • Were placed in segregation for any length of time and who were diagnosed with a Serious Mental Illness (with some exclusions) between September 12, 2012 and May 4, 2022.

 

If you know a current or former inmate who cannot read this notice please share this information with them.

 

The Court has not decided whether Manitoba did anything wrong. There still has to be a court case about whether Manitoba did anything wrong. There is no money available now and no guarantee there will ever be any money. However, your rights are affected, and you have a choice to make now. This notice is for helping you make that choice.

 

This website contains important information about the class actions, and summarizes your rights and options.

 

For additional information, please read the FAQ or view the Long-Form Notice available here.

 

Important Deadlines:

 

  • Opt Out Deadline: Members of the Class who wish to opt out must do so by February 16, 2023.

 

Who is included in 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:

  • Schizophrenia (all sub-types),
  • Delusional disorder,
  • Schizophreniform disorder,
  • Schizoaffective disorder,
  • Brief psychotic disorder,
  • Substance-induced psychotic disorder (excluding intoxications and withdrawal),
  • Psychotic disorder not otherwise specified,
  • Major depressive disorders,
  • Bipolar disorder I,
  • Bipolar disorder II,
  • Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
  • Post-Traumatic Stress Disorder;
  • Obsessive Compulsive Disorder; or
  • Borderline Personality Disorder;

 

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.

 

Youth Inmates

 

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.

 

You can view the complete class definitions summarized above, as well as Appendix A, in the Long Form Notice or in the FAQ.

What are my rights and options?

 

 

 

 

 

 

YOUR LEGAL RIGHTS AND OPTIONS AT THIS STAGEDO NOTHINGStay in this class action and wait for the outcome. Share in possible benefits from the outcome but give up certain individual rights. By doing nothing, you keep the possibility of getting money or other benefits that may come from a trial or settlement in the class action. But, you give up any rights to sue Manitoba on your own about the same legal claims in this lawsuit.REMOVE YOURSELF (OPT OUT)Get out of this class action and get no benefits from it. Keep your individual rights. If you ask to be removed (opt out) and money or benefits are later awarded in the class action, you won’t share in those. But, you keep any rights to sue Manitoba on your own about the same legal claims in this lawsuit, subject to any applicable limitation period.

 

 

 

Who is Class Counsel and how do I get more information?

 

The Court has appointed Koskie Minsky LLP from Toronto to represent you and other Class Members as “Class Counsel.” You will not be personally charged for the services of these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.

 

You can contact Koskie Minsky LLP at manitobasolitaryconfinementclassaction@kmlaw.ca or by phone 1-844-819-8527 (toll free).

 

You can get more information at www.ManitobaSegregationClassAction.ca,  by calling toll free at 1-855-458-0290, or writing to: Manitoba Segregation Class Action, c/o Epiq Class Action Services Canada Inc., P.O. Box 507 STN B, Ottawa ON K1P 5P6, or by email at: info@ManitobaSegregationClassAction.ca.

 

 

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