Frequently asked questions

In a class action, a person called the « Representative Plaintiff » (in this case, Virgil Gamblin and A.M.) sued on behalf of people who have similar claims. All of these people are a « Class » or « Class Members. » 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 Manitoba improperly subjected inmates to segregation. The lawsuit says that such segregation constitutes breaches of fiduciary duties, systemic negligence and breaches of inmates’ rights under the Canadian Charter of Rights and Freedoms. Manitoba denies these claims.

The Court has approved this notice to let you know your rights.

The Court previously certified a lawsuit known as Gamblin et al. v. Manitoba, Court File No. CI21-01-31242. The person who sued is called the Plaintiff. Manitoba is the Defendant. Notice about the certification of this lawsuit was previously disseminated, which advised that the lawsuit included people subjected to segregation between September 12, 2012 (September 12, 2006, for Youth) and May 4, 2022 (the « Class Period« ).

The court has approved a settlement providing for up to $129 million.

The Court has also extended the Class Period from May 4, 2022, to June 4th, 2026.

• On June 4th, 2026, the Court approved the proposed Settlement reached by the parties providing for up to $129 million. The Court also approved legal fees, disbursements, honorarium, administration expenses and applicable taxes that will be deducted from the Settlement.
• Class Members who want to claim money from the Settlement must submit a Claim Form before August 24th, 2027.
• Class members who were subjected to placements in Segregation between February 28, 2026 and June 4th, 2026, may exclude those placements from the class action by opting out by October 8th, 2026.

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 June 4th, 2026; 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 (« DSM »):

• 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 below, and who reported such diagnosis and suffering to the Government of Manitoba and/or its agents before or during their segregation:

• Significant impairment in judgment (including all of the following: the inability to make decisions, confusion, and disorientation);
• Significant impairment in thinking (including both paranoia and delusions that make the offender a danger to self or others);
• Significant impairment in mood (including constant depressed mood plus helplessness and hopelessness; agitation; manic mood that interfered with ability to effectively interact with other offenders or staff);
• Significant impairment in communications that interferes with ability to effectively interact with other offenders or staff;
• Hallucinations; delusions; or severe obsessional rituals that interferes with ability to effectively interact with other offenders or staff;
• Chronic and severe suicidal ideation resulting in increased risk for suicide attempts; or
• Chronic and severe self-injury.

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 June 4th, 2026.

Inmates in Prolonged Solitary Confinement

All current and former inmates, who were alive as of September 12, 2016, who were subjected to Solitary Confinement for 15 or more consecutive days at one of the Provincial Custodial Facilities between September 12, 2012, and June 4th, 2026.

If you are a Class Member, you must submit a Claim Form before August 24th, 2027. The Claims Administrator, or a Claims Adjudicator if applicable, will determine if you are eligible to receive a Base Payment, or a Serious Harms Award, or both.

Class Members may be eligible for an award from the Settlement, if:

1. Youth Inmates: They spent at least 6 hours in Segregation between September 12, 2006 and June 4th, 2026;
2. Serious Mental Illness (« SMI ») Inmates: They spent at least 22 hours in Segregation and their records establish, in accordance with the criteria detailed in the Claims Process, that Manitoba knew or ought to have known that they suffered from a Mental Illness between September 12, 2012 and June 4th, 2026; or
3. Prolonged Inmates: They spent 15 or more consecutive days (15 or more days in a row) in Segregation between September 12, 2012 and June 4th, 2026.

Certain placements are presumptively Statute-Barred. This means you can only make a claim through the Statute Barred Claims Process. This applies to you if your only placements in Segregation were:

• Adult placements before September 12, 2016, when you did not suffer from a Serious Mental Illness; or
• If you turned 18 years of age on or before September 12, 2012, youth placements before September 12, 2012.

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. If you had placements in Segregation both before and after the dates set out above, and you want your placements before these dates to be considered, you must indicate to the Administrator that you wish to make a Statute-Barred Claim. Statute-Barred Claims will only be approved if a Claimant proves that they were a person under a disability for the time between their placements in Segregation and the dates above. For your Statute-Barred Claim to be considered, you must provide medical, legal or institutional evidence that one of the following circumstances applied to you:

a) Residency in a Psychiatric or Mental Health Facility or similar institution;

b) Lengthy (three weeks or longer) hospitalization for a serious physical condition that affected the Claimant’s ability to comprehend information, make decisions, or communicate;

c) Certification under The Mental Health Act, CCSM, c M110, or a similar finding under equivalent legislation in another province;

d) A court finding that the Claimant was not criminally responsible for a charged offence, or that the Claimant was unfit to stand trial for a charged offence;

e) A finding made by a healthcare provider that the individual was incapable of giving, refusing, or revoking consent to health care; or

f) A declaration of incompetence or incapability or that the Claimant was a person under a disability by another quasi-judicial decision-maker or tribunal.

Depending on their circumstances, Class Members may be eligible to receive both a Base Payment and a Serious Harms Award.

You do not need to file two separate claims. When you submit your claim form, your claim will be reviewed to determine your eligibility for both types of awards.

Payments Basics

• All youth inmates will receive a baseline payment of up to $9,000;
• All SMI inmates will receive a base payment of up to $6,000; and
• All inmates serving extended sentences will receive a base payment of up to $3,000.

Base Payments will be distributed first, before Serious Harms Awards. Base Payments may be reduced if necessary to ensure that all eligible Claimants receive Base Payments.

Serious Harms Award

You may be eligible for a Serious Harms Award in addition to your Base Payment if:

1. You are a juvenile inmate, and your eligible placements in segregation (placements lasting 6 or more consecutive hours) total 15 days or more;
2. You are an SMI inmate, and your eligible placements in segregation (placements of 22 or more consecutive hours) total 30 or more days; or
3. You are a long-term inmate, and your eligible placements in segregation (placements of 15 or more consecutive days) total 45 days or more; or
4. You are a juvenile inmate, an inmate with a serious mental illness, or an inmate serving a prolonged sentence, and you have suffered one or more of the specific and documented harms described in the chart below.

If you are found eligible to receive a Serious Harms Award, you will receive an award calculated in accordance with the following chart:

The maximum compensation that Class Members may receive (combining Base Payments and Serious Harms Awards) is:

• Juvenile Inmates: $100,000
• SMI Inmates: $91,000
• Long-Term Inmates: $88,000

Class Counsel or the Administrator may contact you regarding your Claim to ask questions, seek additional information, or request records. Unless the Administrator asks you for specific documents, you do not need to provide any records or evidence with your claim.

How do I submit my claim form?

You must submit a fully completed, court-approved Claim Form to the Claims Administrator by August 24, 2027; otherwise, you will not be eligible to receive any money.

You can fill out the Claim Form online at: https://mbsegregation.proactio.ca

If you are unable to complete the Claim Form online, you have the following options:

1. Incarcerated Claimants: If you are currently incarcerated in a Manitoba jail, you can obtain a Claim Form and a prepaid return envelope by asking the staff in your living unit.
2. At a Probation Office: You can also request a copy of the Claim Form from your Probation Office in Manitoba.
3. Online or by Email: Download the Claim Form online or request a copy of the Claim Form by email:
   Website: https://proactio.ca/en/class-action/manitobasegregation
   Email: [email protected]
4. By Phone: You can call the Administrator to complete your Claim Form over the phone, or to request a digital or paper copy of the Claim Form:
   Phone: 204-515-2007 or toll-free at 1-888-329-9698
5. By Mail: You can also write to the Administrator and ask them to send you a Claim Form by mail:
   Email: Proactio
   Class Action – MB Segregation
   140 Grande Allée Est, Suite 200
   Quebec, QC,
   G1R 5P7

Digital claim forms should be completed online here: https://mbsegregation.proactio.ca

Paper claim forms should be mailed to:
Proactio
Class Action – MB Segregation
140 Grande Allée Est, Suite 200
Quebec, QC,
G1R 5P7

If a paper Claim Form is used, the postmark (date stamped by Canada Post) on the envelope will be considered the date the Claim Form was submitted to the Claims Administrator.

Class Counsel can help you complete your Claim Form. If you need assistance, please contact Class Counsel using the following contact information: Koskie Minsky LLP at [email protected] or by phone: 1-866-777-6344 (toll-free).

Class members who were placed in Segregation between February 28, 2026 and June 4th, 2026 may opt out by submitting an Opt-Out Form available at https://proactio.ca/en/class-action/manitobasegregation to the Administrator. The Opt-Out Form must be submitted by October 8th, 2026.

If you opt out, you will not be eligible to make a claim for money from the Settlement for placements in Segregation between February 28, 2026 and June 4th, 2026. Neither you nor Manitoba will be bound by any Court findings or orders in this action. Subject to the defences Manitoba may raise, you keep your right to independently sue Manitoba as an individual regarding placements in Segregation between February 28, 2026 and June 4th, 2026, but cannot rely on the settlement terms to support your claim.

To remove yourself, submit an Opt-Out Form available at www.proactio.ca/manitobasegregation to the Administrator by mail to

Proactio
Class Action – Manitoba Segregation
140, Grande Allée Est Bureau 200
Quebec, QC,
G1R 5P7

or by email to [email protected]. The Opt-Out Form must be sent by October 8th, 2026.

Yes. 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 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 [email protected] or by phone: 1-866-777-6344 (toll free).

You will not have to pay any of Class Counsel’s fees or expenses. Class Counsel’s fees and expenses will be deducted from 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 30% of any settlement as payment for the work they performed for the class.

You can get more information from the Administrator at www.proactio.ca/manitobasegregation, by calling toll free at 1-888-329-9698, or writing to Proactio
Class Action – Manitoba Segregation
140, Grande Allée Est Bureau 200
Quebec, QC,
G1R 5P7
or by email to [email protected].