British Columbia Solitary Confinement – Frequently asked questions

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. 

The total settlement is worth up to $60 million. It was approved by the Supreme Court of British Columbia on October 22, 2025.

The Claims Period begins on January 10, 2026 and ends on January 11, 2027.

You may be eligible if:

✓ You were placed in Separate Confinement and/or Segregation for 15 consecutive days or more (Prolonged Class), or

✓ You were placed in Separate Confinement and/or Segregation while suffering from a Mental Illness that B.C. Corrections knew or ought to have known about (SMI Class),

✓ And this occurred between April 18, 2005 and October 22, 2025 in one of the following B.C. Correctional Centres:

• Alouette Correctional Centre for Women

• Ford Mountain Correctional Centre

• Fraser Regional Correctional Centre

• Kamloops Regional Correctional Centre

• Nanaimo Correctional Centre

• North Fraser Pretrial Centre

• Okanagan Correctional Centre

• Prince George Regional Correctional Centre

• Surrey Pretrial Services Centre

• Vancouver Island Regional Correctional Centre

You are not eligible if:

× You previously opted out of the class action,

× You settled similar claims with B.C. and signed a release,

× Your placement was due to COVID-19 protocols

If your only placement(s) in Separate Confinement and/or Segregation ended prior to November 26, 2016 or occurred between December 23, 2020 and July 30, 2022, you are only eligible to make a claim through the Statute-Barred Claims Process and must establish that you were a person under a disability for a sufficient period of time such that your claim is not statute-barred. If this applies to you, you should fill out a Claim Form and the Administrator or Class Counsel will contact you with regards to the Statute-Barred Claims Process.

“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.

A. Common Experience Payment (CEP) 

Common Experience Payments will be available to:

• • Prolonged Class: Individuals held in Separate Confinement and/or Segregation for 15 consecutive days or more.
  • SMI Class: Individuals held in Separate Confinement and/or Segregation for 22+ hours while suffering from a Mental Illness that B.C. Corrections knew or ought to have known about.

Compensation:

• • Up to $3,000 for Prolonged Class members.
  • Up to $6,000 for SMI Class members.

B. Serious Harms Award 

Claimants will be eligible for a Serious Harms Award based on the grid below if:

• • Box 1: They experienced repeated and lengthy placements alone in Separate Confinement and/or Segregation; or
  • Box 2: They experienced one of the following specific and recorded harms:

• • • A suicide attempt during or shortly after an Eligible Placement.
    • Self-injury while alone or in the presence of staff during or shortly after an Eligible Placement.
    • A new diagnosis of mental illness during or within 90 days of an Eligible Placement.
    • A transfer to a Designated Mental Health Facility (not court-ordered or related to addiction treatment).

C. Statute-Barred Claims 

Who is eligible?

• • Individuals whose placements ended before November 26, 2016 or occurred between December 23, 2020 and July 30, 2022.
  • To qualify, you must show that you were a person under a disability during that time — for example, due to a serious mental health condition or cognitive impairment.

You will need to provide documents that show you were legally or medically considered incapable. These can include:

• • Medical records showing you were hospitalized or diagnosed with a serious condition.
  • Court or tribunal decisions stating you were unfit to stand trial or not criminally responsible.
  • Certification under the Mental Health Act or Adult Guardianship Act.
  • Letters from doctors or mental health professionals confirming you were unable to make decisions or take action during that time

D. Claims on Behalf of Deceased Claimants 

Who is eligible?

• • Only if the claimant was alive on December 22, 2020 (date of certification).

Compensation:

• • Eligible for Common Experience Payment only.

Supporting Documents:

• • Proof of authority to act (e.g. power of attorney, court order)
  • Probate
  • Will
  • Letters of administration

You must complete and submit a Claim Form to the Claims Administrator during the Claims Period. Late claims may be accepted under limited circumstances.

Yes. Incarcerated individuals can submit claims. The Claims Administrator will work with correctional staff to facilitate access to forms and records. You can also call our toll-free number and receive assistance to fill out the online form with one of our agents.

You do not need to provide the dates of your Separate Confinement and/or Segregation placements. Please list, to the best of your knowledge, the dates on which you were incarcerated, and at which Correctional Centre or Centres you were incarcerated. The Claims Administrator will verify your placement using correctional records.

Yes, your claim will be reviewed based on all of the Separate Confinement and/or Segregation placements that are identified.

No. When you fill out the Claim Form, you must authorize access to your correctional records and, for some claims, your medical records. If you give this permission, the Claims Administrator and Class Counsel will obtain the necessary documents directly — you do not need to request them yourself.

Yes. You may request a review of the Administrator’s determination of the number and length of your placements in Separate Confinement and/or Segregation, of the eligibility of your placements in Separate Confinement and/or Segregation, or of the Administrator’s determination that you are not a member of the SMI Class. You must seek a review through Class Counsel, and Class Counsel may decline to bring your review. No appeal or review can be brought from any other decision of the Administrator or the Adjudicator.

Placements due to COVID-19 protocols are excluded from the settlement.

If you shared a cell during a Separate Confinement and/or Segregation placement, this will not affect your eligibility for a Common Experience Payment. However, days on which you shared your cell will not be counted in determining a Box 1 Serious Harm Award for lengthy and repeated placements.

Any remaining funds will be distributed to the British Columbia Inmate Benefit Funds at British Columbia Correctional Centres.

The Minister of Public Safety and Solicitor General will recommend that compensation under this Settlement not affect a Class Member’s eligibility for income assistance under:

• • Employment and Assistance Act, SBC 2002, c. 40 
  • Employment and Assistance for Persons with Disabilities Act, SBC 2002, c. 41 

For more information, consult the official Notice to Class Members or contact Class Counsel. 

Opt-out deadlines for most Class Members have passed.

Class members who were placed in Separate Confinement and/or Segregation between July 19, 2025 and October 22, 2025 may opt out by submitting an Opt-Out Form available at https://proactio.ca/en/class-action/british-columbia-solitary-confinement/ to the Administrator. The Opt-Out Form must be submitted by February 24, 2026.

If you opt out, you will not be eligible to make a claim for money from the Settlement for placements in Separate Confinement and/or Segregation between July 19 and October 22, 2025. Subject to the defences British Columbia may raise, you keep your right to independently sue British Columbia as an individual regarding placements in Separate Confinement and/or Segregation between July 19 and October 22, 2025, but cannot rely on the settlement terms to support your claim.

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.

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

If you have other questions, you can call our toll-free number 1-877-398-0497, 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
Email: bcsegregation@proactio.ca