Federal Administrative Segregation Class Action

December 2022 – Update by Michael Troy of Merchant Law Group LLP:

No money or compensation has yet been paid to any class members in Canada. Our law firm has been advised that the Claims Administrator’s Office will need several months to review the thousands of individual Claim Forms that were received by their officebefore the November 2022 deadline.

Our law firm cannot accept any new clients regarding this class action (unless you filed a Claim Form prior to the November 2022 deadline).

For existing clients of Merchant Law Group LLP regarding the Federal Administrative Segregation Class Action, if you have any questions regarding the Level 2 or Level 3 individual hearings, please contact me via heidi@merchantlaw.com

PLEASE NOTE, if you have any questions about the receipt of your Claim Form or the processing of your claim, please contact the Claims Administrator directly:

Email: info@SegregationClassActionFederal.ca
Toll Free Number: 1-833-871-5354

Federal Administrative Segregation Class Actions
P.O. Box 507 STN B
Ottawa ON K1P 5P6

 

General Information and FAQs

Criteria to be eligible to apply for compensation under this class action settlement – A global damages award of $28 million will be divided between eligible claimants who filed a valid Claim Form prior to the deadline.

You must meet one of the following criteria to be an eligible claimant:

  • 1. You stayed in Administrative Segregation in a federal penitentiary anywhere in Canada for 16 consecutive days or more ON or AFTER March 3, 2011
    (OPTION A).

OR

  • 2. You stayed in Administrative Segregation in a federal penitentiary anywhere in Canada for any length of time, ON or AFTER July 20, 2009 AND you were diagnosed by a medical doctor with a mental disorder or a borderline personality disorder prior or during your incarceration AND suffer(ed) serious impairment as a result of your disorder and reported such to Correctional Service of Canada (CSC ) (OPTION B).

 
[You may also be eligible for additional compensation under certain circumstances (otherwise known as having a Level 2 or Level 3 claim, if requested on your Claim Form). An individual court hearing will be required in the future, to assess such claims.]

 

What are the Federal Administrative Segregation Class Action about?

The class action lawsuits have ended, with the Courts finding that the rights of federal inmates placed in PROLONGED administrative segregation while incarcerated in federal correctional institutions were violated.

A global award of approximately $28 million is available to pay eligible claimants, known as Class Members, who made a valid claim before the deadline.

 

How much money could I get?

The amount you may receive depends on various factors, especially which type of claim you requested in your CLAIM FORM (known as a “Track”).

TRACK COMPENSATION
Amount TRACK 1 TRACK 2 TRACK 3
Only an equal share of the $28 million lump sum divided among claimants. UP TO $50,000

Track 2 eligible claimants will receive at least an equal share of the $28 million lump sum (or such further amount as will be individually awarded).

MORE THAN $50,000. NO LIMIT to your claim. Track 3 eligible claimants will receive at least an equal share of the $28 million lump sum. (A judge will determine the additional amount to be awarded to Track 3 claimants, after an individual hearing.)

 

Summary of Your Legal Rights and Options Under this Class Action Settlement

Submit a Claim If you want to receive money, you MUST SUBMIT a Claim Form. The deadline for making a claim was November 7, 2022. The completed Claim Form must be submitted to the Administrator NO LATER THAN NOVEMBER 7, 2022.