Ontario Youth Segregation Class Action
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A proposed settlement been reached with the Province of Ontario in a class action concerning young persons who, while under the age of 18, were incarcerated in provincial youth custody facilities and subjected to periods of secure isolation exceeding six (6) hours between April 1, 2004 and December 17, 2018.
The class action applies to persons who, while under the age of 18, were placed in secure isolation for more than 6 hours between April 1, 2004 and December 17, 2018 at the following Ontario Youth detention facilities:
The Proposed Settlement does not include (i) individuals who were segregated by reason of lock-down at a youth detention facility; or (ii) the routine locking of youth in their rooms as authorized by statute.
The lawsuit alleged that between April 1, 2004 and December 17, 2018, the Province of Ontario owed a duty to supervise, among other things, and failed to adequately ensure the safety, well-being, and protection of Class Members at the Youth Justice Facilities. The Province denies these claims and a Court has not decided whether the Class or the Province is right. Instead, both sides have agreed to a Proposed Settlement. This Proposed Settlement is conditional on the approval of the Court.
A virtual Settlement Approval will be held on October 14, 2021. At this hearing, the Court will consider whether the settlement is fair, reasonable, and in the best interests of the Class, and whether to approve the Settlement Agreement. More information about the hearing is available here.
If the Proposed Settlement is approved by the Court, it will provide a claims process through which eligible class members may make a claim for compensation. There is no money available at this time. The claims process has not started. More information on how to make a claim will be available if the Proposed Settlement is approved.
What are your legal rights and options at this time?
1. Do nothing
If you are a Class Member and you support the Proposed Settlement, you do not need to do anything at this time. If the Proposed Settlement is approved by the Court, further information about how to submit a claim will be made available on this website. In addition, if the Proposed Settlement is approved, you will have 9 months to submit a claim.
2. Express Support for, Or Object to, the Proposed Settlement
If you support the Proposed Settlement, you may provide a statement of support in favour of the Proposed Settlement. Alternatively, if you do not like the Proposed Settlement, you can deliver an objection in writing. Your statement of support or objection must be received by the Administrator no later than October 7, 2021.
Note: Objecting to the Proposed Settlement simply means telling the Court that you do not like something about the Proposed Settlement. Objecting does not disqualify you from making a claim nor does it make you ineligible to receive benefits under the Proposed Settlement if it is approved by the Court.
Click here for more information.
3. Participate at the Settlement Approval Hearing
You may attend the Settlement Approval Hearing on October 14, 2021, to participate in the proceeding and ask to voice your support or objection to the settlement. The hearing will proceed virtually. The Court will decide if you will be permitted to make oral submissions at the time of the hearing. However, in order to be eligible to participate, you must have completed and submitted a statement of support or objection.
October 7, 2021
Deadline for Submitting an Objection or Statement of Support
October 14, 2021
Settlement Approval Hearing