Frequently Asked Questions

In a class action one or more individuals known as “plaintiffs” or “representatives of the plaintiffs” (in this case, Virgil Gamblin and A.M.) have filed a lawsuit on behalf of people with similar claims. All of these individuals constitute a “class” or are “class members.” The court decides the issues common to all class members in a single proceeding, except for those who opt out of the class. 

To learn more about class actions, we invite you to read our article or watch our video on the subject by clicking the following link: What Is a class action? – Proactio. 

The lawsuit alleges that Manitoba has improperly placed improperly placed detainees in s. It argues that this isolation constitutes a breach of fiduciary duties, systemic negligence, and a violation of the inmates’ rights guaranteed by the Canadian Charter of Rights and Freedoms. Manitoba denies these allegations, which’yet been decided by the court. 

The Court has approved this notice to inform you of your rights.

The Court has previously authorized a class action lawsuit titled Gamblin et al. v. Manitoba, Court File No. CI21-01-31242. The individuals who filed this lawsuit are referred to as the “plaintiffs.” The Government of Manitoba is the “defendant.” A notice regarding the certification of this class action already been issued, stating that this action concerns individuals who were subject to isolation measures between September 12, 2012 (September 12, 2006 for juvenile detainees) and May 4, 2022 (theclass action action periodclass action ).

The parties have now reached a settlement agreement proposing a maximum amount of $129 million.

The Court also extended theclass action period ofclass action May 4, 2022, until the date on which the proposed settlement agreement is approved.

This notice provides you with the following information:

1. The hearing to approve the settlement agreement is scheduled for June 4, 2026.
2. You have the right to express your opposition or support for the settlement agreement no later than April 13, 2026.
3. You have the right to opt out ofclass action refusing to participate by April 13, 2026, at the latest, if you were placed in isolation after May 4, 2022.

The Class includes:

Inmates with a serious mental illness

All current and former inmates who were alive as of September 12, 2016, who were placed in disciplinary or preventive isolation for any period of time in any provincial correctional facility between September 12, 2012, and the date on which the court approves the proposed settlement agreement; and for whom a physician diagnosed, before or during their incarceration, at least one of the following disorders, as defined in the applicable Diagnostic and Statistical Manual of Mental Disorders (DSM):

• Schizophrenia (all subtypes)
• Delusional disorder
• Schizophreniform disorder
• Schizoaffective disorder
• Brief psychotic disorder
• Substance-induced psychotic disorder (excluding intoxication or withdrawal)
• Unspecified psychotic disorder
• Major depressive disorder
• Bipolar I disorder
• Bipolar II disorder
• Neurocognitive disorders and/or delirium, dementia, and amnestic disorders
• Post-traumatic stress disorder
• Obsessive-compulsive disorder
• Borderline personality disorder

who who have suffered from their disorder, as described in the appendix “ A " of the statement class action, and who reported such a diagnosis and such suffering to the Government of Manitoba or its agents before or during their isolation. 

Juvenile inmates

All current and former inmates inmateswho were alive as of September 12, 2016, who, while they were under the age of 18, were placed in preventive isolation for any period any in one of the provincial between September 12, 2006 and the date on which the court approves the proposed settlement agreement. 

Inmates in Prolonged Solitary Confinement 

All current and former inmates inmateswho were alive as of September 12, 2016, and who were placed in solitary confinement for 15 consecutive days or more in one of the provincial between September 12, 2006, and the date on which the court approves the proposed settlement agreement. 

The settlement agreement proposes a fund of $129 million.. If the court approves the settlement, this amount, plus interest and less legal fees, disbursements, administrative costs, and applicable taxes approved by the court, will be available to compensate all eligible of the class who submit a claim. 

Eligible class members could receive a base award ranging from $3,000 to $9,000. Class members may be entitled to additional amounts if they were placed in solitary confinement for an extended period or if they suffered specific and demonstrable harm during that period. 

The maximum amount of compensation awarded to class members may be up to $100,000, depending on their individual circumstances. 

If you support the proposed settlement, you do not need to take any action at this time. If the court approves the settlement, you may file a claim at a later date to receive the money owed to you. If you do nothing, you waive any right to object to the settlement.  

You have the right to express your support for or opposition to the proposed regulation.  

To do so, you can submit a form of support or objection. A copy of the form of support or objection is available at the following address: www.proactio.ca/action-collective/isolement-cellulaire-manitoba. 

Your Support or Objection Form must include:

(a) Your full name, address, and telephone number.
(b) the reasons for your support of the proposed settlement or the reasons for your objection accompanied by any legal support for such objection.  
(c) copies of any documents upon which you are basing your support or objection; and 
(d) a statement of whether you intend to appear in Court at the June 4, 2026, settlement approval hearing. 

You must sign your support form ortheobjection and thethesend it to’administrator within the specified time frame. You can submit it to the administrator by mail to the following address: Proactio Class Action – Manitoba Segregation 140 Grande Allée East, Office 200 QuéBé QC  G1R 5P7 or by email at manitobasegregation@proactio.ca. Your form of support or opposition must be sent to the administrator no later than April 13, 2026 (as evidenced by the postmark).  

If you do not wish to participate inclass action, you must opt out.  

If you were placed in isolation before May 4, 2022, you cannot opt out unless the court grants you permission to do so. The deadline to opt out of this class action February 16, 2023.  

If you were placed in isolation after May 4, 2022, you have until April 13, 2026, to opt out by submitting an exclusion form. 

By opting out, you will not receive any benefits from the settlement, if it is approved, nor any financial compensation. Neither you nor Manitoba will be bound by the court’s findings or orders in this case. Subject to any defenses Manitoba may raise, you retain your right to bring a separate legal action regarding the issues raised in this case, but you may not rely on the terms of the settlement to support your claim.  

To opt out, fill out the opt-out form available on the website www.proactio.ca/action-collective/isolement-cellulaire-manitoba and mail it to the administrator at the following address: Proactio Class Action – Manitoba Segregation 140 Grande Allée East, Suite 200, Québec, QC G1R 5P7 or by email to manitobasegregation@proactio.ca. The opt-out form must be submitted no later than April 13, 2026.  

Yes. The Court has appointed the law firm Koskie Minsky LLP, of Toronto, to represent you and the other class members as “ class counsel .” You will not have to pay the class counsel’s fees. If you wish to be represented by another lawyer, you may hire one at your own expense to appear in court. 

You can contact Koskie Minsky LLP at manitobasolitaryconfinementclassaction@kmlaw.ca or by phone at 1-866-777-6344 (toll-free).  

You will not have to pay the class counsel’s fees or expenses. The class counsel’s fees and expenses will be deducted from the settlement amount. The court will be asked to approve the attorneys’ fees in accordance with a contingency fee agreement entered into with the plaintiffs. The contingency fee agreement provides that the class counsel may seek up to 30% of the settlement amount as compensation for the work they performed on behalf of the class.  

For more information, you may request a copy of the settlement agreement from the administrator or contact the group’s attorneys. 

You can get more moreinformationhere by contacting the administrator at www.proactio.ca/manitobasegregation, by phone at 1 888 3299698 (toll-free), by mail to Proactio Class Action – Manitoba Segregation 140 Grande Allée East, Office 200 QuéBé QC  G1R 5P7 or by email at manitobasegregation@proactio.ca.