The settlement is set to provide affected inmates with compensation ranging from $2,000 to $68,000 based on the harm suffered by them, subject to the number of claims that are approved, according to a release issued on Dec. 1.
Staffing-related lockdowns are instances in which inmates at a correctional institution are locked in their cells due to shortages of staff. The settlement concerns staffing-related lockdowns at Ontario correctional institutions between May 30, 2009, and Nov. 27, 2017.
The lawsuits had alleged that such lockdowns constituted systemic negligence and breached the rights of inmates and immigration detainees under sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
The agreement concerns two class actions, Lapple v. Ontario, brought on behalf of inmates, and Dadzie v. Ontario and Canada, brought on behalf of immigration detainees affected by the lockdowns during the relevant period. In August, the parties agreed to settle the two class actions for a total of $59 million.
The agreement provides for a basic award amount of $2,000 and a serious harm award of up to $40,000 for class members who experienced either a documented suicide attempt during or within 120 days of a staffing-related lockdown, or violence causing permanent impairment during such a lockdown.
Individuals determined to have suffered a substantial degradation in an existing mental disorder, developed a new mental disorder, or experienced self-injurious behaviour or violence causing serious physical injuries during such lockdowns would be eligible to receive $20,000.
“We urge anyone who believes they may be eligible to visit the settlement website or contact the administrator by phone to learn more and submit a claim,” said Jonathan Ptak of Koskie Minsky LLP, one of the law firms working on the class actions.
Other law firms representing class members in these actions are McKenzie Lake Lawyers LLP, Champ & Associates and Henein Hutchison Robitaille LLP.
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