Lorne Ptack

Five bellwether individual issues trials were heard as summary judgment motions to determine whether class members who were placed in administrative segregation in federal penitentiaries were entitled to additional compensatory damages beyond their share of the aggregate damages award.

The court assessed the idiosyncratic harm suffered by each plaintiff, taking into account their pre-existing mental health conditions and other stressors.

The court awarded additional compensatory damages to three plaintiffs ($50,000, $25,000, and $75,000) who proved that their time in segregation caused specific, additional harm.

The claims of the other two plaintiffs were dismissed as they failed to prove causation.

The court declined to award punitive damages in any of the cases.

The applicants sought an order for restitution and vacating of victim fine surcharges imposed between 2013 and 2018, following the Supreme Court of Canada's decision in R. v. Boudreault which found the surcharge unconstitutional.

The court granted the order vacating the unpaid surcharges for the applicant, Serge Parent, finding it just and appropriate under s. 24(1) of the Charter, and that the limitation period had not expired.

However, the court dismissed the request for restitution of already paid surcharges and the broader class remedy, noting that s. 24(1) is for personal remedies and that government measures had ameliorated some harms.