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
PWHL Minnesota defeats Boston to win inaugural Walter Cup
Minnesota won the inaugural championship of the Professional Women’s Hockey League on Wednesday night, getting 17 saves from Nicole Hensley to beat Boston 3-0 in a winner-take-all Game 5 and claim the Walter Cup.
Canadians are eyeing moves to these cities for more affordable housing
Faced with elevated housing prices, half of Canadians in the country's largest cities are considering moving to places with more affordable housing.
B.C. mortgage broker ran $270-million Ponzi scheme, then fled Canada, bankruptcy trustee says
The trustee appointed to manage the bankruptcies of a Victoria mortgage company and its owner has concluded that they committed "numerous offences" and operated as a "massive Ponzi scheme."
Oilers rally to beat Stars, tie Western Conference Final
With the Edmonton Oilers down two goals late in the first period of Game 4, Rogers Place was quiet, fans seemingly bewildered at the early, quick scoring of the Dallas Stars and the slow start by the home team. Ryan McLeod's marker with six-and-a-half minutes in the opening frame left changed all that.
McDonald's says $18 Big Mac meal was an 'exception' and their prices haven't risen that much
McDonald’s is fighting back against viral tweets and media reports that it says have exaggerated its price increases.
'Targeted again': Montreal police investigate after gunshot fired at Jewish school
Police are investigating another building in Montreal's community was struck by gunfire.
Tessa Virtue reveals she's expecting her first child. Here's what Canadians had to say
Canadian figure-skating icon Tessa Virtue is expecting her first child, she revealed via social media Tuesday.
Poilievre says Canadians 'fleeing' to Nicaragua, Liberals say it shows he 'doesn't have a clue'
Liberal parliamentarians are criticizing Conservative Leader Pierre Poilievre over a new video in which he promotes the idea that some Canadians are 'fleeing' Canada to live in Nicaragua because they can't afford a house in this country.
'Do not drive': Nissan warns Canadian drivers of explosion risk impacting 48,000 vehicles
Car manufacturer Nissan has issued a do-not-drive warning for some older vehicles equipped with Takata airbag inflators, due to the risk of explosion during a crash.