Proposed class-action lawsuit launched against Manitoba government over solitary confinement in prisons
A proposed class-action lawsuit has been filed against the Manitoba government by a previous inmate for the use of solitary confinement, calling the practice "cruel, inhumane, and degrading treatment."
Lawyers at the Toronto law firm Koskie Minsky LLP filed the proposed class action on behalf of James Darren Audy in the Manitoba Court of King's Bench on May 2, 2024.
The suit claims the use of solitary confinement can impact a prisoner's physical and mental health after only a short time.
"Such damage is often irreversible and will have a substantial and lasting effect on that person's life," the suit reads.
The documents say Audy, 36, was in solidarity confinement for around four months while at the Winnipeg Remand Centre in 2023, and he has dealt with the practice on other occasions while at other facilities in the province.
"Solitary Confinement is systemically and grossly used without due process or oversight in every Provincial Custodial Facility. It is routinely used as an inmate management strategy without regard for the severe harm it inflicts on inmates.", the lawsuit reads.
There have been "widespread recommendations" to eliminate solitary confinement, but the province still uses it, according to court documents.
The lawsuit states that solitary confinement is used for disciplinary and preventive segregation. When used for disciplinary purposes, it notes that it can't be used for longer than 15 days, but in practice, it is often longer than that.
For preventive segregation, the lawsuit states inmates can be placed in solitary confinement for a "multitude of reasons," and at times, no reason is given at all.
"There is no limit on the length of time any inmate can be subjected to Preventive Segregation in Manitoba. As a result, inmates are placed into Preventive Segregation for weeks, months, and in some cases, years," the lawsuit claims.
The lawsuit also states that inmates are kept in their cells—which are claimed to be smaller than a parking spot—for at least 22 hours a day and are only given 30 minutes a day to do activities such as showering, making phone calls, or dealing with other matters.
As for Audy's experiences, the lawsuit states confinement has caused him emotional and psychological harm and that he deals with PTSD and flashbacks.
The lawsuit has not been certified a class-action, but it would include all current and former inmates who dealt with solitary confinement from May 4, 2022, to the present day. It would also include inmates who have been diagnosed with a severe mental illness and all youth inmates from May 4, 2022, to the present day.
"The Defendant's conduct deprives Class Members of their rights to life, liberty and security of the person."
The suit is seeking unspecified damages or compensation and punitive damages.
No statement of defence has been filed yet by the Manitoba government. CTV News Winnipeg has reached out to the government for comment.
CTVNews.ca Top Stories
BREAKING B.C. serial killer Robert Pickton dead following prison attack
Convicted B.C. serial killer Robert Pickton, who preyed on women he lured from Vancouver's Downtown Eastside to his rural pig farm, has died.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
DND moving 1,000 employees out of Ottawa office building due to safety concerns
The Department of National Defence is moving approximately 1,000 employees out of an office building in Ottawa's Lowertown neighbourhood, citing safety concerns for its employees.
Baby dead after being delivered via emergency C-section to woman who was in police custody
A newborn is dead after being delivered via emergency C-section to a woman in police custody.
Biden speaks after Donald Trump's conviction in hush money case
A day after a New York jury delivered a historic guilty verdict in Donald Trump's criminal hush money trial, the presumptive Republican presidential nominee held a press conference Friday where he spoke publicly about the conviction and his White House bid.
How did Ontario's bankrupt 'Crypto King' travel the world on Scene+ points?
Newly released documents suggest Ontario’s so-called ‘Crypto King’ paid for months of world travels with $13,000 worth of Scene+ points while bankrupt – but how?
More counterfeit drugs seized, hot water boiler causes fire: Here are the recalls for this week
Health Canada recalled various items this week, including more unauthorized products, counterfeit drugs and bassinets.
Mediterranean diet helps women live much longer, a large new study finds
Women who closely followed a Mediterranean diet lived much longer than those who did not, according to a new study that followed more than 25,000 women for 25 years.
Solutions coming for piled-up bodies outside Newfoundland hospital
Health officials in Newfoundland and Labrador say they are only weeks away from a solution to move unclaimed human remains out of roadside freezers and into a nearby hospital.