Nova Scotia Solitary Confinement Class Action

McKiggan Hebert has filed a class action against the Province of Nova Scotia on behalf of inmates who were held for prolonged periods of solitary confinement in Nova Scotia correctional facilities. The class action was “certified” by order of Justice J. Bodertha om March 24, 2021.

Overview

Solitary confinement requires that inmates be segregated in individual cells for 23 hours a day, frequently for weeks or months at a time. Extended solitary confinement denies inmates basic privacy or meaningful human contact, and it subjects them to unnatural light at every hour of the day.

For decades, researchers have demonstrated that solitary confinement may bring serious physical and psychological injury to inmates. The Class Action filed by McKiggan Hebert charges that the use of solitary confinement by the Province of Nova Scotia was negligent and was a breach of the Province’s duties to inmates under the Canadian Charter of Rights and Freedoms.

What Is a Class Action?

A class action is a type of lawsuit where one or more plaintiffs represent a larger group or “class” of persons with the same injury or complaint. Class actions allow multiple plaintiffs to seek justice more effectively by combining their cases and bringing a single claim.

The class action filed by McKiggan Hebert on behalf of inmates in Nova Scotia correctional facilities has recently been certified by order of Justice John Bodurtha of the Supreme Court of Nova Scotia. There are five requirements for a legal action to be certified as a class action:

There must be a clearly definable class.
There must be a reasonable cause of action.
Issues of law or fact must be common to all members of the class.
A class action must be the best path for advancing the litigation of the class members.
A representative plaintiff must represent the interests of all members of the class.

Repeated Calls to End Solitary Confinement and Segregation

The United Nations has called on Canada to ban solitary confinement. The use of solitary confinement in correctional facilities has been criticized by the Canadian Civil Liberties Association which called for an end to the practice in 2009.

In 2009 the office of the Federal Correctional Investigator recommended to the Canadian Justice Minister the:

… complete prohibition of prolonged segregation of offenders with acute mental health concerns.

The investigators report from 2011-2012 stated:

I once more recommend, in keeping with Canada’s domestic and international human rights commitments, laws and norms, had absolute prohibition on the practice of placing mentally ill offenders and those at risk of suicide or serious self-injury in prolonged segregation.

Solitary Confinement Causes Severe Harm

A world renowned expert on the psychological effects of solitary confinement, Dr. Stuart Grassian, a psychiatrist and professor at Harvard’s School of Medicine had this to say:

Solitary confinement – that is the confinement of a prisoner alone in a cell for all, or nearly all, of the day with minimal environmental stimulation and minimal opportunity for social interaction – can cause severe psychiatric harm.

Dr. Grassian reported in a paper titled “The Psychiatric Effects of Solitary Confinement”:

… the psychiatric harm caused by solitary confinement had become exceedingly apparent while over 100 years ago.

Does Solitary Confinement Prevents Rehabilitation?

If one of the main purposes of the penal system is rehabilitation, and the effects of solitary confinement can wreak havoc on the mental health of prisoners, then the use of isolation as discipline creates a system for prisoners to end up becoming more dangerous to others and themselves.

Time to Face the Facts

Governments around the world have known for decades that solitary confinement causes severe psychiatric harm and aggravates pre-existing mental illness. It is time that the practice be stopped and persons who have been subjected to solitary confinement receive fair redress.

To Join in the Nova Scotia Class Action

If you have been subjected to solitary confinement in a Nova Scotia correctional facility, if you believe that you suffered harm or injury as a result of that solitary confinement, and if you would like to take part in the class action, you can learn more by calling McKiggan Hebert at (902) 706-2298 or by using the “Safe & Secure” contact form on this page.

You will find links below to two important documents. The Notice of Certification of Nova Scotia Segregation Class Action will provide you with important details if you choose to participate in the class action.

If you were subjected to solitary confinement in a Nova Scotia correctional facility but you choose not to participate in the class action, you can make that choice official by completing and returning the Segregation Opt-Out Form.

Key Documents

Notice of Certification of Nova Scotia Segregation Class Action: CLICK HERE
Segregation Opt-Out Form: CLICK HERE

About Our Other Class Actions

The class action lawyers at McKiggan Hebert have received national recognition for the class actions we have pursued on behalf of our clients. These cases are complicated, but we know what it takes to reach the best possible outcomes for those we represent. Learn about the other class action lawsuits we are involved with by clicking on our Class Action page.