STAFFING-RELATED LOCKDOWNS IN NOVA SCOTIA JAILS
A proposed class action about lockdowns and confinement caused by staffing shortages in Nova Scotia provincial correctional facilities.
STATUS: PENDING CERTIFICATIOIN
Overview
PATH Legal and Valent Legal have started a proposed class action against the Attorney General of Nova Scotia concerning the use of staffing-related lockdowns in Nova Scotia provincial correctional facilities.
The lawsuit alleges that people in provincial custody have been repeatedly confined to their cells for extended periods because of staffing shortages. These lockdowns can happen with little or no notice, may last for indefinite periods of time, and can prevent people from accessing basic daily activities, visits, programming, fresh air, legal supports, and meaningful time outside their cells.
The claim alleges that the Province’s use of staffing-related lockdowns is negligent and violates rights protected by the Canadian Charter of Rights and Freedoms.
This proposed class action builds on earlier litigation in which the Supreme Court of Nova Scotia found that lockdowns caused by staff shortages resulted in unlawful detention. Despite those decisions, PATH alleges that staffing-related lockdowns have continued to affect people in provincial custody across Nova Scotia.
Understanding Staffing-Related Lockdowns
A lockdown occurs when people in custody are confined to their cells or living units beyond ordinary institutional routines. In this proposed class action, PATH is focused on lockdowns connected to staffing shortages in Nova Scotia provincial jails.
When correctional facilities do not have enough staff, people in custody may be kept locked in their cells for most or all of the day. This can mean cancelled visits, reduced access to phones, limited showers, restricted programming, delays in receiving services, and less access to outdoor time, exercise, legal resources, and supports.
For people in custody, these restrictions are not minor disruptions. They can affect mental health, physical health, family contact, legal rights, rehabilitation, and basic dignity.
What the Class Action Alleges
The proposed class action alleges that the Province of Nova Scotia failed to take reasonable steps to prevent, reduce, or remedy staffing-related lockdowns in provincial correctional facilities.
The claim alleges that the Province knew or ought to have known that staffing shortages were causing people in custody to be confined in harsh and restrictive conditions for prolonged periods. It also alleges that these conditions caused serious harm and interfered with rights protected by the Charter.
The lawsuit seeks accountability, compensation, and systemic change for people who were subjected to lockdown conditions while in provincial custody in Nova Scotia.
None of the allegations have been proven in court. The matter has not yet been certified as a class action.
Progress and Updates
PATH and Valent Legal filed the proposed class action in the Supreme Court of Nova Scotia on March 4, 2024.
The matter is currently awaiting certification. Certification is the step where the Court decides whether the case can proceed as a class action. Until certification is granted, there is no approved class and no claims process.
There is nothing potential class members need to do right now. PATH will provide updates as the case develops.
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”. It is anticipated that the certification hearing will be held in early 2027.
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:
Notice of Action and Statement of Claim
Filed March 2024
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.
Who May Be Included
The proposed class action includes two groups:
The General Inmates Class
All current and former inmates of correctional facilities in Nova Scotia between 2018 and present who are or were remanded, serving a sentence, or otherwise imprisoned.
The Inmates with a Serious Mental Illness Class
All current and former inmates of correctional facilities in Nova Scotia between 2018 and present who are or were remanded, serving a sentence, or otherwise imprisoned, 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 incarceration.
Because this case has not yet been certified, the Court has not made a final decision about the exact class definition or who will be included. If the case is certified, further information will be provided about who qualifies, what steps class members may need to take, and how people can stay informed.
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) 237-9003
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.