This appeal concerned two class actions (Brazeau and Reddock) brought by federal inmates challenging the legality of administrative segregation practices.
The Court of Appeal for Ontario upheld the motion judge's finding of liability against Canada for breaches of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms, concluding that the prolonged administrative segregation practices constituted cruel and unusual punishment and lacked independent review.
The court found that Canada's failure to alter its policies despite long-standing criticism met the "clear disregard for Charter rights" threshold for awarding damages.
However, the court set aside the motion judge's order in Brazeau to use aggregate damages for structural changes to penal institutions, deeming it an unjustifiable assumption of judicial control and a misinterpretation of the Class Proceedings Act.
The court also overturned the finding of systemic negligence in Reddock, concluding that Charter damages were the more appropriate remedy.
The appeals were allowed in part, with the Brazeau damages remitted for re-determination and the Reddock negligence finding reversed.
