CLASS ACTION
SOLITARY CONFINEMENT IN NEW BRUNSWICK PROVINCIAL JAILS
Challenging segregation and seeking accountability for people held prolonged segregation in provincial custody.
STATUS: CERTIFIED, PENDING NOTICE
Overview
PATH Legal is pursuing a certified class action concerning the use of segregation in New Brunswick provincial jails.
The class action seeks recourse for people who were subjected to prolonged solitary confinement while in provincial custody in New Brunswick, as well as people with serious psychological disorders who were placed in solitary confinement for shorter periods of time.
The lawsuit alleges that prolonged solitary confinement can cause serious psychological harm, particularly for people with existing mental health conditions. It also alleges that New Brunswick’s use of segregation was negligent and violated rights protected by the Canadian Charter of Rights and Freedoms.
The Court has certified this matter as a class action. Certification means the case is permitted to move forward collectively on behalf of class members. It does not mean the Court has decided whether the allegations are true or whether the Province is liable. Those issues remain to be determined.
Formal notice to class members is pending. Once notice is approved and available, it will provide important information about who is included, what options class members may have, and any deadlines that apply.
Understanding Segregation
Segregation, sometimes referred to as solitary confinement or isolation, involves separating a person in custody from the general jail population and confining them alone for most or all of the day.
People placed in segregation may experience extreme isolation, limited meaningful human contact, restricted access to programming, reduced access to fresh air or exercise, and fewer opportunities to connect with family, legal supports, or community.
These conditions can be harmful for anyone. For people with serious psychological disorders or other mental health vulnerabilities, even short periods of isolation can be especially damaging.
This class action challenges the use of segregation in New Brunswick provincial jails and seeks accountability for the harm caused by prolonged or harmful isolation.
What the Class Action Alleges
The class action alleges that New Brunswick failed to take reasonable steps to prevent, limit, and properly oversee the use of segregation in provincial custody.
The claim alleges that people in custody were subjected to conditions that caused serious harm and violated their rights under the Charter, including rights related to life, liberty, security of the person, equality, and protection from cruel and unusual treatment or punishment.
The lawsuit also alleges that New Brunswick’s use of segregation was negligent, including because the Province knew or ought to have known about the risks of prolonged isolation and the heightened risk of harm to people with serious psychological disorders.
The allegations have not yet been proven in court.
Progress and Updates
PATH filed this class action on February 2, 2023.
The Court has now certified the matter as a class action. This means the case can proceed on behalf of class members as a group.
The next step is court-approved notice. Notice is the process used to inform class members about the lawsuit, who may be included, what their rights are, and what options they may have.
There is no claims process open at this time. Once notice is approved, PATH will provide further information about next steps.
What Certification Means
Certification is an important procedural step in a class action.
It means the Court has decided that the case can move forward as a class action. It does not mean the Court has decided the merits of the case, whether the Province did anything wrong, or whether class members will receive compensation.
Those questions will be addressed later in the litigation unless the case resolves before then.
Next steps
Formal notice to class members is not yet available.
Once notice is approved, it will explain:
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who is included in the class action;
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what the lawsuit is about;
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what rights and options class members have;
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whether there is an opt-out deadline;
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how to get more information; and
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what steps, if any, class members need to take.
Until notice is available, potential class members do not need to take any immediate steps. However, people who believe they may be included are welcome to contact PATH or complete the potential class member form so their information can be kept on file for future updates.
For more information about how a class action works, see our section on Steps in a Class Action.
Court Documents
The following documents provide more information about the proposed class action:
Amended Notice of Action and Statement of Claim
Filed 2023, Amended March 2026
The Statement of Claim sets out the allegations, proposed class definitions, legal claims, and remedies sought. The allegations have not yet been proven in Court.
Issued April 2026
The Certification Order is the Court’s order allowing the case to proceed as a class action and setting out the certified class definitions, common issues, and next steps in the litigation.
Who May Be Included
The certified class action includes two groups:
The Prolonged Close Confinement Class
All persons who were involuntarily subjected to a period of close confinement of 15 or more consecutive days at a provincial correctional facility in New Brunswick between February 2, 2008 and March 31, 2026.
The Mental Disorder Class
All persons who were involuntary subjected to a period of close confinement of any length of time at a provincial correctional facility in New Brunswick between February 2, 2008 and March 31, 2026 and who were diagnosed with a serious mental disorder (as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders) before or during their incarceration, who reported such diagnosis to the Defendant before or during their close confinement.
Formal court-approved notice is pending. The notice will provide more detailed information about the class definitions, class members’ rights and options, and any steps that may need to be taken.
Potential Class Members
If you believe you may have experienced staffing-related lockdowns while in provincial custody in Nova Scotia, you do not need to take any steps at this time.
You are welcome to complete PATH’s potential class member form so we can keep your information on file and contact you if there are important updates.
Completing the form does not guarantee that you are a class member or that you will receive compensation. The Court must first decide whether the case can proceed as a class action.
Alternatively, you may call our class action phone line and leave a message with your name, date of birth, and contact information.
CLASS ACTION PHONE LINE: 1 (888) ###-####
Please note that PATH does receive the messages left on this voicemail and we update our class action interest lists accordingly, but we cannot return calls. If you want further confirmation that your message was received, please provide a contact email address and we will do our best to send a confirmation email within one week.