Segregation (NB)
Class Action
PATH is currently pursuing a class action to provide recourse to individuals who were subjected to over 15 consecutive days in solitary confinement in a New Brunswick provincial jail and individuals who are diagnosed with serious psychological disorders who were subjected to at least 24 consecutive hours in solitary confinement in a New Brunswick provincial jail.
Overview
A class action has been initiated by PATH to address the prolonged solitary confinement experienced by individuals in New Brunswick provincial jails.
This action seeks recourse for two specific groups: individuals subjected to over 15 consecutive days in solitary confinement, and those diagnosed with serious psychological disorders subjected to at least 24 consecutive hours in solitary confinement.
The class action contends that such prolonged solitary confinement constitutes a violation of fundamental rights under the Charter of Rights and Freedoms and may lead to severe psychological harm. The action further contents that the use of prolonged solitary confinement is negligent.
Progress and Updates
On February 2, 2023, PATH filed a Notice of Action with the Court of Kings Bench of New Brunswick seeking to have the class action certified.
Next steps
A judge has to say it is okay for the case to proceed as a class action. The Court hearing asking the judge for permission to proceed as a class action is called a “Certification Application”.
Registration
If you think you may be a part of this class action, you are not required to take any steps at this moment. However, you are welcome to complete this form to let us know of your interest: Potential Class Member Form.