Alexandra Clark

The respondent, representing a class of seriously mentally ill inmates and inmates held in prolonged administrative segregation, brought a class action against Ontario for Charter breaches and systemic negligence.

The motion judge granted summary judgment, finding that Ontario's use of administrative segregation violated sections 7 and 12 of the Charter, and awarded $30 million in aggregate Charter damages.

Ontario appealed, arguing that the Charter breaches were not established for all seriously mentally ill inmates, that Charter damages were inappropriate due to good governance concerns, and that the negligence claim was barred by statute.

The Court of Appeal dismissed the appeal, upholding the findings that administrative segregation of seriously mentally ill inmates constitutes cruel and unusual treatment, that Ontario's clear disregard for inmates' rights justified Charter damages, and that the operational implementation of segregation policies grounded a valid systemic negligence claim.

The representative plaintiff brought a class action on behalf of inmates in Ontario correctional institutions who were placed in administrative segregation.

The plaintiff alleged that Ontario's use of administrative segregation constituted systemic negligence and violated sections 7 and 12 of the Charter.

On a motion for summary judgment, the court found that administrative segregation as practiced in Ontario was equivalent to solitary confinement and caused severe psychological harm, particularly to inmates with serious mental illness.

The court held that Ontario breached the inmates' Charter rights and was liable for systemic negligence at the operational level.

The court awarded $30 million in aggregate damages for compensation, vindication, and deterrence.

In a certified class action regarding Ontario's use of administrative segregation, the plaintiff sought to summons an independent expert appointed by Ontario to testify on an upcoming summary judgment motion.

Ontario opposed the summons, arguing it violated procedural rules regarding the timing of examinations.

The court declined to order the examination at this juncture, finding that it was more proportionate to simply order that the expert's Final Report be delivered to class counsel for use on the summary judgment motion once it is provided to Ontario.

The plaintiffs brought motions on consent to certify two class actions against Ontario and Canada arising out of staffing-related lockdowns at Ontario correctional institutions.

The plaintiffs alleged systemic negligence and breaches of sections 7 and 12 of the Charter.

The court found that the pleadings disclosed a cause of action, there was an identifiable class, the claims raised common issues, a class proceeding was the preferable procedure, and there were adequate representative plaintiffs.

The motions for certification were granted.