A solitary confinement cell is shown in a handout photo from the Office of the Correctional Investigator. leading civil liberties group says a judge has denied a request to delay a lawsuit that challenges the use of indefinite solitary confinement in federal prisons.THE CANADIAN PRESS/HO- Office of the Correctional Investigator MANDATORY CREDIT

A solitary confinement cell is shown in a handout photo from the Office of the Correctional Investigator. leading civil liberties group says a judge has denied a request to delay a lawsuit that challenges the use of indefinite solitary confinement in federal prisons.THE CANADIAN PRESS/HO- Office of the Correctional Investigator MANDATORY CREDIT

Ottawa ordered to pay $1.12M in legal fees for prison segregation class action

Administrative segregation is the isolation of inmates for safety reasons where it’s believed there is no reasonable alternative

The federal government has been ordered to pay $1.12 million in legal fees for a segregation class action in a judgment critical of Ottawa’s arguments for paying less.

In awarding the costs to representative plaintiff Jullian Reddock, Superior Court Justice Paul Perell rejected the government’s contention that the requested fees were unreasonable or excessive.

“If anything, it is the pot calling the kettle black for the federal government to submit that class counsel over-lawyered the case,” Perell said.

The fee award comes in a class action involving the placement of inmates in administrative solitary confinement. Lawyers from McCarthy Tetrault and Koskie Minsky were involved.

Reddock launched the action in March 2017. He said he had sometimes spent days without leaving his cell and that he binged on an anti-anxiety drug.

In August, Perell awarded the thousands of class members $20 million in damages, with the right of individual complainants to push for higher amounts depending on their circumstances.

“The Correctional Service operated administrative segregation in a way that unnecessarily caused harm to the inmates,” Perell said.

ALSO READ: ‘Violated and humiliated’: Inmate claims privacy breach in jail

Reddock requested $1.24 million to cover the legal costs of his successful fight. The government, however, claimed the fees were “disproportionate and excessive.”

In its submissions, Ottawa argued a substantial cut was warranted because the Reddock lawyers from McCarthy Tetrault were also involved in a separate segregation class action against the government. That lawsuit, with Christopher Brazeau as one of the representative plaintiffs, involved mentally ill inmates placed in administrative segregation.

The lawyers’ decision to separate the lawsuits was “duplicative” and the litigation approach “unreasonable,” the government maintained.

Perell, however, rejected the arguments, noting among other things that the government did not say what costs would have been reasonable or how much it spent on its own lawyers.

“When an unsuccessful party does not file a bill of costs but alleges over-lawyering, courts are very skeptical about the allegations,” Perell said.

It would appear, the judge said, that Ottawa spent at least as much, if not more, on lawyers than did the plaintiff.

The two class actions, Perell said, were substantively different and Ottawa’s claim to the contrary was unjustified. Nor could it be said that pressing them as a single suit would have been more efficient, he said.

“The federal government was quite happy to take ironical and inconsistent approaches in advancing its defences and playing one case off against the other,” Perell said. “It takes irony and hypocrisy for the federal government to say there were efficiencies to be achieved.”

Perell did reduce Reddock’s requested fees by $113,000 for a sliver of counsel overlap he found in the two cases.

Administrative segregation involves isolating inmates for safety reasons where authorities believe there is no reasonable alternative. Prisoners spend almost their entire day in small cells without meaningful human contact or programming.

Critics argue the practice can cause severe psychological harm and amounts to cruel and unusual punishment, facts that Perell — and other courts — have accepted. Ottawa has said legislation that takes effect Nov. 30 will alleviate the problem.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C. Finance Minister Selina Robinson outlines the province’s three-year budget in Victoria, April 20, 2021. (B.C. government video)
B.C. deficit to grow by $19 billion for COVID-19 recovery spending

Pandemic-year deficit $5 billion lower than forecast

DOH
Provincial grant tapped to finance downtown project

Butler and 10th next on improvement list

RDBN. (Priyanka Ketkar photo/Lakes District News)
Houston Soccer club. (Submitted/Houston Today)
Houston Soccer gets record number of registrations

Club will have a soccer season amidst COVID restrictions

District of Houston
Safe Restart grant spending firmed up

Will help cover losses from recreation fees

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

As part of the province’s strategy to combat the opioid overdose crisis, take-home naloxone kits have been distributed throughout the province. (Courtesy of Gaëlle Nicolussi)
Vancouver Island could be at its worst point of overdose crises yet: medical health officer

Island Health issued overdose advisories for Victoria, various communities in the last two weeks

BC Hydro released a survey Thursday, April 22. It found that many British Columbians are unintentionally contributing to climate change with their yard maintenance choices. (Pixabay)
Spend a lot of time doing yard work? It might be contributing to climate change

Recent BC Hydro survey finds 60% of homeowners still use gas-powered lawnmowers and yard equipment

Journal de Montreal is seen in Montreal, on Thursday, April 22, 2021. The daily newspaper uses a file picture of Prime Minister Justin Trudeau dressed in traditional Indian clothing during his trip to India to illustrate a story on the Indian variant of the coronavirus. Paul Chiasson/The Canadian Press
Montreal newspaper blasted for front-page photo of Trudeau in India

Trudeau is wearing traditional Indian clothes and holding his hands together in prayer beside a caption that reads, ‘The Indian variant has arrived’

Nanaimo RCMP say a man was injured while pouring gunpowder on a backyard fire in Harewood on Wednesday, April 21. (File photo)
Nanaimo man hospitalized after pouring gunpowder onto backyard fire

RCMP investigating explosion in Harewood also came across a still for making alcohol on property

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. sees 1,006 COVID-19 cases Thursday, ‘alarming’ 502 in hospital

Vaccine bookings for people aged 60 and older set to start

Most Read