Janetta Zurakowski

Class counsel brought a motion for approval of their legal fees and disbursements following a successful summary judgment motion that awarded $20 million in aggregate damages for Charter breaches related to the administrative segregation of mentally ill inmates.

The court approved the requested 33.3% contingency fee, totaling $6.66 million plus HST, finding it reasonable given the significant risks undertaken and the substantial success achieved.

The court also approved a $15,000 honorarium for each of the two representative plaintiffs in recognition of their exceptional contributions to the litigation.

The representative plaintiffs brought a summary judgment motion in a class action on behalf of seriously mentally ill inmates placed in administrative segregation in federal penitentiaries.

The court found that administrative segregation is a form of solitary confinement that causes severe psychological harm to mentally ill inmates.

The court held that the Federal Government breached section 7 of the Charter due to an inadequate review process, and breached sections 7 and 12 by subjecting mentally ill inmates to prolonged administrative segregation (over 30 days involuntary or 60 days voluntary).

The court awarded $20 million in aggregate Charter damages for vindication and deterrence, to be used for structural changes or additional mental health resources.