The court redetermined Charter damages in a class action concerning administrative segregation in federal penitentiaries, following an appeal that set aside the initial damages award.
The Court of Appeal affirmed liability but remitted the damages issue for redetermination on proper principles.
The court awarded $20 million for vindication, deterrence, compensation, and pre-judgment interest, to be distributed directly to class members.
For the purposes of individual issues trials, the per capita award is to be deemed compensatory damages.
This decision rejected Canada's submission for a $2.4 million award and the plaintiffs' alternative submission for $20 million solely for vindication and deterrence.
