Manitoba settles solitary confinement lawsuit for $129 million

Manitoba has settled a class-action lawsuit over the use of solitary confinement in provincial jails, with a $129-million agreement approved by the Court of King's Bench on Thursday.

The lawsuit alleged the province's use of solitary confinement — isolating someone to a room without meaningful contact for at least 22 hours a day — was negligent and breached sections of the Canadian Charter of Rights and Freedoms.

Eligible class members will receive payments starting at $3,000 for adults and $9,000 for youth, with maximum compensation available up to $100,000 depending on circumstances. The claims process will open in the coming weeks and remain open for a year.

The settlement applies to three groups: current and former inmates living with mental-health illnesses isolated beginning September 12, 2012; current and former inmates under 18 segregated for any period beginning September 12, 2006; and any inmate placed in solitary confinement for 15 consecutive days or more between September 12, 2006 to now. Lead class-action counsel James Sayce estimated it could affect "thousands and thousands."

Manitoba denied liability but opted to resolve the lawsuit without trial. As part of the settlement conditions, class counsel will work with Manitoba representatives to develop reforms aimed at improving conditions of confinement in provincial jails.

The use of solitary confinement has been widely criticized, with research showing effects can lead to deterioration of an inmate's physical and mental health. The Canadian Association of Elizabeth Fry Societies has noted Indigenous women, Black women, gender-diverse people, and others from marginalized communities are subjected to these stays more often than other inmates.