Hammerco Lawyers is bringing a proposed class action lawsuit on behalf of all individuals who were subjected to solitary confinement at one or more of the youth custody centres operated by the Province of British Columbia.
This is a proposed class action lawsuit against the Ministry of Children and Family Development about the government’s practice of using solitary (or “separate”) confinement on minors in its custody since January 1, 1984. Our class action alleges that youth solitary confinement is a breach of the Canadian Charter of Rights and Freedoms rights of these individuals and of the Ministry’s fiduciary and common law duties.
According to the 2021 BC Ombudsperson’s Special Report No. 48, Alone: The Prolonged and Repeated Isolation of Youth in Custody, “The practice of isolating youth in custody – known in B.C. as “separate confinement” – occurs with few meaningful safeguards and little effective oversight. Youth in custody who almost always have histories of trauma and abuse and are disproportionately Indigenous or racialized, are some of the most vulnerable people in our society. When youth in custody are separately confined, they have little recourse to assert or protect their rights.”
In Canada, youth solitary confinement is only supposed to be used as a last resort. Once the threat of harm has ended, the youth must be released. Instead, reports indicate the Province places youth in solitary confinement for improper reasons and unreasonably long periods of time. The government’s practice of placing youth in confinement is cruel and inhumane, wth far-reaching impacts to the rest of these individuals’ lives.
We are seeking compensation on these individuals’ behalf for pain and suffering, past and future income losses, expenses incurred for treatment, physical and psychological, in addition to other damages.
The Court will decide whether to certify the proposed class action at a certification hearing. The Court will also decide who is included within the class action.
The plaintiff is proposing to include in the class action all individuals who, while between the ages of 12 and 17, were subjected to solitary confinement at one or more of the youth custody centres operated by the Ministry of Children and Family Development on or after January 1, 1984.
You don’t need to do anything right now to join the class action. When the Court certifies a class action, individuals that meet the definition of “class members” are automatically included.
However, if you were subjected to solitary confinement at a youth custody centre operated by the BC government when you were between the ages of 12 to 17, we strongly recommend that you gather and keep your medical records, diaries, or any documents showing loss of income or expenses incurred for treatment. This may be important evidence that you will need at a later phase of the case.
Our team of legal professionals, including Hammerco’s Managing Partner Morgyn Chandler and Partners Kevin McLaren and Alexia Majidi take a trauma-informed approach to their practice. They are highly experienced in the areas of assault, sexual assault, personal injury, class actions, and mass torts. Our aim is to support clients to navigate the legal system with confidence and compassion. If you have questions, Morgyn, Kevin, and Alexia are available to help you understand your legal options.
Complete and submit the form below to receive updates in relation to this proceeding. We use this contact information to communicate about the proceeding when updates become available.
By completing and submitting this form, you are not joining the class action. The scope of the class action will be determined by the Court. Submitting the form does not itself create a solicitor-client relationship. We will treat the information you provide to us as confidential unless you tell us otherwise.
We appreciate this may trigger difficult thoughts and feelings. If you require emotional support, you can contact:
Class action lawsuits involve a group of people, or class members, collectively suing a large organization, typically a large corporation or government, for similar wrongs that were allegedly committed against a large group of people.
The Court will determine the scope of a class action, including defining who is a class member, at a certification hearing. These hearings typically occur a few months after filing the proposed class action lawsuit. When a Court certifies an action, class members that fit within the criteria are automatically included and the Court would order that notice be given to the class. If you are part of a class action, you will be notified at this stage.
If I am a member of the BC youth solitary confinement class action, will I be notified in case of updates? And is there anything I need to do?
The Court will decide whether to certify the proposed class action at a certification hearing. The Court will also decide who is included within the class action.
Once the Court has certified a class action, the Court will order how notice is given to class members. This will typically take the form of an initial communication by email and a link to a website with all the information and documents relating to the class action. Any further updates will be provided on that website. You will not be required to do anything, unless you choose to opt out of the class action (see below).
Class members can choose to opt out (i.e., not be part) of a class action. The Court will usually set a deadline for class members to opt out. If you don’t opt out by this deadline, you will be included in the class action. The notice sent out to all class members will provide details of how to opt out of a class action, usually by filling out a form or writing a letter to the Court or class counsel.
No. One of the benefits of a class action is that it holds large organizations accountable even in situations where it would be too expensive for an individual to sue the organization on their own. The legal fees for class counsel will come out of any settlement or judgment, and is subject to approval by the Court.
Depending on the settlement terms or judgement, individual class members may be entitled to compensation. The proposed compensation will typically be included in a notice issued to all class members by class counsel.
The 2021 BC Ombudsperson’s Special Report No. 48, Alone: The Prolonged and Repeated Isolation of Youth in Custody, examines how confinement is used in youth custody and makes recommendations to reduce the practice and to support youth in custody from a trauma-informed and culturally safe perspective.
To speak with a member of the Hammerco team, please give us a call at 1.604.269.8500 or fill out this form to book a free consultation.
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