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
'The root cause': Canada outlines national action plan to fight auto theft
The federal government is launching what it calls its 'national action plan' to combat auto thefts, which will include stronger penalties for thieves, and increased information sharing between police agencies, government officials and border enforcement.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
Michael Cohen says he stole from Trump's company as defence presses key hush money trial witness
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
'Next man up': Canucks coach, teammates bracing for Game 7 without Brock Boeser
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
U.S. Supreme Court rejects appeal from former Guantanamo detainee Omar Khadr
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
Woman, 35, in critical condition after her truck collided with a Via Rail train near Montreal
A 35-year-old woman is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.