Colombie-Britannique Isolement – questions fréquentes

A “class action” is a lawsuit that is brought on behalf of a group of people who have legal claims with common issues. All of these people are called the “Class” or “Class Members.” In a class action, a person called the “representative plaintiff” represents the interests of the Class.

In the British Columbia solitary confinement class action, there is one representative plaintiff, Neveah North.

The Court resolves the common issues for all class members in one case, except for those who remove themselves from the Class.

For more information on what a class action is, you can read our article or watch our video on the subject by clicking on the link here: What is a Class Action? – Proactio

The lawsuit says that British Columbia improperly subjected inmates to separate confinement and/or segregation. The lawsuit says that such separate confinement and/or segregation constitutes breach of fiduciary duty, systemic negligence and breaches of inmates’ rights under the Canadian Charter of Rights and Freedoms. British Columbia denies these claims. 

You are a class member if you were:

• detained in one of B.C. Correctional Centres
• After April 18, 2005

AND

• involuntarily subjected to Separate Confinement and/or Segregation for either

• At least 15 consecutive days

OR

• If B.C. Corrections knew or ought to have known that you suffered from a Mental Illness.

Separate Confinement and/or Segregation” means any placement apart from the general population pursuant to ss. 17, 18, 24 or 27(1)(d) of the Correction Act Regulation, B.C. Reg. 58/2005.

“Mental Illness” means a diagnosed condition comprising one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):

1. 1. Schizophrenia (all sub-types),
   2. Delusional disorder,
   3. Schizophreniform disorder,
   4. Schizoaffective disorder,
   5. Brief psychotic disorder,
   6. Substance-induced psychotic disorder (excluding intoxications and withdrawal),
   7. Psychotic disorder not otherwise specified,
   8. Major depressive disorders,
   9. Bipolar disorder I,
   10. Bipolar disorder II,
   11. Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
   12. Post-Traumatic Stress Disorder;
   13. Obsessive Compulsive Disorder; or
   14. Borderline Personality Disorder.

Class members do not need to sign up for the class action to be included. Class members are automatically included unless they opt out.

“Separate Confinement and/or Segregation” means any placement apart from the general population pursuant to ss. 17, 18, 24 or 27(1)(d) of the Correction Act Regulation, B.C. Reg. 58/2005. 

For the purposes of this lawsuit, “Mental Illness” means a diagnosed condition comprising one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):

1. 1. Schizophrenia (all sub-types),
   2. Delusional disorder,
   3. Schizophreniform disorder,
   4. Schizoaffective disorder,
   5. Brief psychotic disorder,
   6. Substance-induced psychotic disorder (excluding intoxications and withdrawal),
   7. Psychotic disorder not otherwise specified,
   8. Major depressive disorders,
   9. Bipolar disorder I,
   10. Bipolar disorder II,
   11. Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
   12. Post-Traumatic Stress Disorder;
   13. Obsessive Compulsive Disorder; or
   14. Borderline Personality Disorder.

The class action lawsuit is currently at the settlement stage. A proposed settlement worth up to $60 million has been reached. 

The Court will hold a hearing on October 22, 2025, to decide whether to approve the proposed settlement.   

If you would like to receive news on the approval of the settlement by email, please fill in the online form.

You can also contact us toll-free at 877 916-1122 or by email at bcsegregation@proactio.ca.

You don’t have to do anything to stay in the class action.

If you stay in the class action, you will be legally bound by all orders and judgments and you will not be able to sue British Columbia in your own lawsuit in relation to the legal claims in this class action.

You have various options depending on when you were placed in separate confinement and/or segregation.   

A. If you were placed in Separate Confinement and/or Segregation after December 22, 2020, your options are: 

1. Do nothing 

You do not have to do anything right now.  

If the Court approves the settlement, you will be able to make a claim at a later date for money that you may be entitled to.  

If you do nothing and stay in the class, you give up the right to sue British Columbia in your own lawsuit in relation to your placement(s) in Separate Confinement and/or Segregation. 

2. Opt out, until September 2, 2025 

If you do not want to be in the lawsuit, you must remove yourself. This is called “opting out”. Opting out means that you will not be entitled to any money or benefits from the settlement. 

If you opt out, you will keep your right to sue British Columbia in your own lawsuit for your placements in Separate Confinement and/or Segregation, subject to all the defences British Columbia has, including those it could have raised to this class action.  

To opt-out, please complete one of the following before September 2, 2025:

→ Send a signed opt-out form: Send us an email at bcsegregation@proactio.ca to ask our staff for a secure link.

OR

→ Mail the signed opt-out form: Send it to the following address:

Proactio
Class Action – BC Segregation
600 De La Gauchetière Street West, Suite 2000
Montréal, (QC) H3B 4L8

All Class Members who have not opted out can voice their support or objection to the proposed settlement. Your options are:  

1. Do nothing 

If you support the proposed settlement, you do not have to do anything right now.  

If the Court approves the settlement on October 22, 2025, you will be able to make a claim at a later date for any money that you may be entitled to.  

If you do nothing, you will give up any right to object to the settlement.  

2. Support or object to the proposed settlement 

If you want to voice your support for or your objection to the proposed settlement, you can do so by submitting a Support or Objection Form.  

Your Support or Objection Form must contain:  

→ your ame
→ address, and
→ the reasons why you support or object to the settlement

You must send your Support or Objection Form to Class Counsel by email to bcsegregation@proactio.ca or by mail to:  

Proactio
Class Action – BC Segregation
600 De La Gauchetière Street West, Suite 2000
Montréal, (QC) H3B 4L8

Your form must be received or postmarked no later than September 2, 2025. 

Class members do not need to sign up for the class action to be included. Class members are automatically included unless they opt out.  

If you know a current or former inmate who cannot read this notice, please share this information with them or tell them to contact us by email at bcsegregation@proactio.ca or by mail:  

Proactio
Class Action – BC Segregation
600 De La Gauchetière Street West, Suite 2000
Montréal, (QC) H3B 4L8

If the class member is someone close to you, you can help them fill out the online form to get updates on the case. However, if they wish to opt out, they must complete the opt-out form themselves.   

If you do not want to be in the lawsuit, you must remove yourself. This is called “opting out.” Only people who were placed in Separate Confinement and/or Segregation after December 22, 2020 can opt-out at this stage.  

If you were subjected to Separate Confinement and/or Segregation between April 18, 2005 and December 22, 2020, you cannot opt out unless you receive the Court’s permission. The deadline for you to opt out of this class action expired on August 3, 2021. 

Opting out means that you will not be entitled to any money or benefits in the Settlement Agreement. You will not be able to rejoin the class when the time comes to make a claim. 

If you do not want the judgment issued in the class action to apply to you, you must opt out from the class action. 

If you want to opt out, send a signed opt-out form by email at bcsegregation@proactio.ca. 

You can also send the signed opt-out form at: 

Proactio
Class Action – BC Segregation
600 De La Gauchetière Street West, Suite 2000
Montréal, (QC) H3B 4L8

If you wish to start your own lawsuit about claims made in this class action, we recommend that you obtain advice from a lawyer about limitation periods, which are deadlines within which you must start a lawsuit.  

You must decide whether to stay in the class or whether to remove yourself from the lawsuit by sending the signed opt-out form by September 2, 2025. 

No money or benefits are available now because the Court has not yet approved the Settlement Agreement. However, the parties have reached a proposed settlement worth up to $60 million. British Columbia denies liability, but has opted to resolve the class action without a trial. 

Eligible class members may receive up to $91,000, depending on their circumstances. 

Class members can request a copy of the Settlement Agreement by contacting ProActio or Class Counsel. 

A hearing to seek the Court’s approval of the settlement will take place on October 22, 2025. 

No money or benefits are available now because the Court has not yet approved the Settlement Agreement. However, the parties have reached a proposed settlement worth up to $60 million. British Columbia denies liability but has opted to resolve the class action without a trial. 

Eligible class members may receive up to $91,000, depending on their circumstances. 

Yes. The Court has appointed Koskie Minsky LLP from Toronto, and McEwan Partners LLP from Vancouver, 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. 

You can contact Koskie Minsky LLP at bcadminsegclassaction@kmlaw.ca or by phone 1-877-398-0497 (toll free). 

You will not have to directly pay any of Class Counsel’s fees or expenses. Class Counsel’s fees and expenses are accounted for in the settlement.  

The Court will be asked to approve the lawyers’ fees pursuant to a contingency fee retainer agreement that they entered into with the Plaintiff.  The contingency fee retainer agreement provides that Class Counsel can seek up to 33.3% of any settlement as payment for the work they performed for the class. Class Counsel will seek a fee of up to 33.3% of the total settlement. The fee will be deducted from the overall settlement fund, not directly from Class Members. 

Additional information can be obtained by contacting Class Counsel. 

If you have other questions, you can call our toll-free number 877 916-1122, write to bcsegregation@proactio.ca or write a letter to:  

Proactio
Class Action – BC Segregation
600 De La Gauchetière Street West, Suite 2000
Montréal, (QC) H3B 4L8