 Important Dates

 

 

Summary of Class Members’ legal rights and options at this time

Francis Class
Submit a Claim

The deadline to submit your Claim is March 1, 2025.

 

Object

The deadline to Object to the Distribution Protocol was September 16, 2022.

 

Chandra Class

Submit a Claim

The deadline to submit your Claim is March 1, 2025.

 

Opt-Out

The deadline to opt out of the Class Action was September 16, 2022.

 

Object

The deadline to Object to the Distribution Protocol and Settlement was September 16, 2022.

 

Address & Contact Info Changes: Please promptly notify the Administrator of any changes to your contact information as we use what’s on file to communicate with you. When providing changes, please provide your full name, your claim ID (if applicable), as well as confirm the old contact information and the change requested.

Frequently asked questions (FAQs)

 

1. What is a class action lawsuit?

2. Why are there Notices?

3. What are the lawsuits about?

4. Who is a member of these class actions?

5. Am I eligible for compensation?

6. How much money can I claim under the Distribution Protocol?

7. How do I make a claim?

8. What if I do not make a claim?

9. Do I have a lawyer in the case?

10. What are eligible mental health disorders in these class actions?

11. How will the lawyers be paid?

12. How do I get more information?

 

​1. What is a class action lawsuit?

 

A class action is a type of lawsuit in which one or more persons, called representative plaintiffs, bring a proceeding on behalf of all individuals who have similar claims, except for those who choose to exclude themselves (opt out).

 

​2. Why are there Notices?

 

The Court has approved the Short Form Notice and Long Form Notice to let you know your rights. There are two lawsuits about Administrative Segregation in Ontario jails that have been authorized by the Court to proceed as class actions:

 

• Francis v. Ontario, Court File No. CV-18-591719-00CP
• Chandra v. Ontario, Court File No. CV-18-591719-00CP.

 

You might have already received a notice of certification of these lawsuits. However, the current Short Form Notice and Long Form Notice provide updates on important developments in these lawsuits and to inform you about who can make a claim for money.

 

• On April 20, 2020, in the Francis case, the Court awarded a judgment of $30 million1 in aggregate damages to Francis Class Members.
• On March 11, 2022, the Court certified the Chandra case as a class action.

• The Parties agreed to settle the aggregate damages part of the Chandra action for $13 million (as set out in a Settlement Agreement), and agreed to a Distribution and Individual Issues Protocol ("Distribution Protocol") for Class Members to make claims for money in both the Francis and Chandra cases. On September 22, 2023, the Court approved the Settlement Agreement and Distribution Protocol.

 

 

 

 

1Certain fees and expenses were deducted from this amount.

 

Under the Court-approved Distribution Protocol, both the Francis and Chandra aggregate damages amounts will be combined into a single fund of approximately $32,779,000, to be divided equally amongst all eligible Class Members who file a claim. Additional compensation may be available to certain Class Members, as described below.

 

You can download a copy of the complete Settlement Agreement and Distribution Protocol here or you can request copies from the Claims Administrator by email, phone, or mail. The Claims Administrator’s contact information can be found here.

 

Class Members who want to claim a share of the aggregate damages, and/or make a claim for additional money under the Distribution Protocol, must submit a Claim Form before March 1st, 2025.

 

​3. What are the lawsuits about?

 

Click here to view the video

Both lawsuits argued that Ontario improperly subjected Inmates to Administrative Segregation. The lawsuits claimed that such Administrative Segregation constituted systemic negligence and a breach of Inmates' rights under the Canadian Charter of Rights and Freedoms. Ontario denies these claims.

 

​4. Who is a member of these class actions?

 

The Francis Class includes:

 

All current and former Inmates, who were alive as of April 20, 2015:

 

I. Inmates with a Serious Mental Illness

 

1. who were subjected to Administrative Segregation for any length of time at one of the Correctional Institutions between January 1, 2009 and September 18, 2018;
   
   
2. who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):
   
   

1. Schizophrenia (all sub-types),
2. Delusional disorder,
3. Schizophreniform disorder,
4. Schizoaffective disorder,
5. Brief psychotic disorder,
6. Substance-induced psychotic disorder (excluding intoxications and withdrawal),
7. Psychotic disorder not otherwise specified,
8. Major depressive disorders,
9. Bipolar disorder I,
10. Bipolar disorder II,
11. Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
12. Post-Traumatic Stress Disorder;
13. Obsessive Compulsive Disorder; or
14. Borderline Personality Disorder;

 

and who suffered from their disorder, in a manner described in Appendix “A” (see below), and,

 

c. who reported such diagnosis and suffering to the Defendant's agents before or during their Administrative Segregation;

 

and/or,

 

II. Inmates in Prolonged Administrative Segregation

 

1. who were subjected to Administrative Segregation for 15 or more consecutive days at one of the Correctional Institutions between January 1, 2009 and September 18, 2018.

 

The Court has decided that anyone placed in Administrative Segregation between January 1, 2009 and April 20, 2015 is barred from pursuing a Claim from this time period, unless they can rebut the presumed limitation period.

 

If you were placed in Administrative Segregation for 15 or more days between January 1, 2009 and April 19, 2015, or if you have a serious mental illness and spent any time in Administrative Segregation between January 1, 2009 and April 19, 2015, you should contact the Claims Administrator to provide the details of your placement(s), because you may still be entitled to money if you can prove you could not start a lawsuit before April 20, 2015.

 

The Chandra Class includes:

 

All current and former Inmates, who were alive as of May 14, 2018:

 

I. Inmates with a Serious Mental Illness

 

1. who were subjected to Administrative Segregation for any length of time at one of the Correctional Institutions between January 1, 2009 and September 18, 2018;
   
   
2. who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):
   
   

1. Schizophrenia (all sub-types),
2. Delusional disorder,
3. Schizophreniform disorder,
4. Schizoaffective disorder,
5. Brief psychotic disorder,
6. Substance-induced psychotic disorder (excluding intoxications and withdrawal),
7. Psychotic disorder not otherwise specified,
8. Major depressive disorders,
9. Bipolar disorder I,
10. Bipolar disorder II,
11. Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
12. Post-Traumatic Stress Disorder;
13. Obsessive Compulsive Disorder; or
14. Borderline Personality Disorder;

 

and who suffered from their disorder, in a manner described in Appendix “A” (see below), and,

 

c. who reported such diagnosis and suffering to the Defendant's agents before or during their Administrative Segregation;

 

and/or,

 

II. Inmates in Prolonged Administrative Segregation

 

a) who were subjected to Administrative Segregation for 15 or more consecutive days at one of the Correctional Institutions between September 19, 2018 and August 18, 2021.

 

Certain terms are defined as follows:

 

“Correctional Institutions” are correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22, excluding the St. Lawrence Valley Correctional and Treatment Centre.

“Inmates” are inmates as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

“Administrative Segregation” refers to segregation as outlined in section 34 of Regulation 778, R.R.O. 1990 under Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

 

Appendix “A”

• Significant impairment in judgment (including all of the following: the inability to make decisions, confusion, and disorientation);
• Significant impairment in thinking (including both paranoia and delusions that make the offender a danger to self or others);
• Significant impairment in mood (including constant depressed mood plus helplessness and hopelessness; agitation; manic mood that interferes with ability to effectively interact with other offenders or staff);
• Significant impairment in communications that interferes with ability to effectively interact with other offenders or staff;
• Hallucinations; delusions; or, severe obsessional rituals that interferes with ability to effectively interact with other offenders or staff;
• Chronic and severe suicidal ideation resulting in increased risk for suicide attempts; or
• Chronic and severe self-injury.

 

Please note: the glossary of the relevant DSM is to be used to interpret the foregoing terms where appropriate.

 

​5. Am I eligible for compensation?

 

If you are a member of these class actions and would like to make a Claim for money, you must submit a Claim Form before March 1st, 2025. The Claims Administrator, or a Court-appointed Referee if applicable, will determine if you are eligible to receive compensation.

 

Class Members who spent 15 or more consecutive days (15 or more days in a row) in Administrative Segregation in an Ontario Jail between April 20, 2015 and August 18, 2021 will be eligible to receive a share of the aggregate damage awards. Class Members may be eligible for additional compensation, assessed by the Claims Administrator, by a Court-appointed Referee, or by the Court itself, discussed below.

 

​6. How much money can I claim under the Distribution Protocol?

 

There are three ways you can claim compensation:

Documents

 

Claim Form

+

Track Selection Form

 

(subject to some exceptions if your eligibility is in dispute)

Process

 

NO Court hearing.

 

NO assessment by a Referee (subject to some exceptions).

 

Fastest Process

Fees

 

NO additional legal fee on a Prolonged Class Member’s share of the $32.7 million aggregate damages award.

 

15% of any additional money obtained under Track 2 Box 1, plus disbursements and a levy to any funder.

If you are currently incarcerated in an Ontario jail, you can get a Claim Form and pre-paid postage return envelope from the common area(s) in the jail.

Write or call the Claims Administrator to request a Claim Form:

1-833-290-4730

Ontario Administrative Segregation Class Action Notice Administrator

c/o Epiq Class Action Services Canada

PO Box 507 STN B

Ottawa, ON K1P 5P6

Download the Claim Form online or request a copy of the Claim Form by email.

 

Email: info@OntarioAdministrativeSegregation.ca

 

You can also submit your Claim Form online through this website.

Ask for a copy of the Claim Form and pre-paid postage return envelope from your Probation and Parole Office in Ontario.