C.S. v Ontario – Ontario Youth Segregation

Were You Incarcerated in an Ontario Youth Justice Facility Between April 1, 2004 and December 17, 2018?

 

If YES, A Class Action May Affect Your Rights.

 

A class action is proceeding in the Ontario Court of Justice on behalf of people who were placed in segregation while under the age of 18 in certain Youth Justice Facilities in Ontario where those placements occurred between April 1, 2004 and December 17, 2018.

 

What is the class action about?

 

In the lawsuit, the plaintiff says that Ontario improperly subjected inmates to youth segregation. The plaintiff says that such youth segregation constitutes systemic negligence, breaches of fiduciary duty, and breaches inmates' rights under the Canadian Charter of Rights and Freedoms. Ontario denies these claims. The Court has not decided whether the Plaintiff or Ontario is right. The lawyers for the Plaintiff will have to prove their claims in Court.

 

Who is included in the class?

 

You are a member of the Class if all of the items on the following list apply to you:

 

  • You were placed alone in a designated room or area at any one or more of the following facilities: Bluewater Youth Centre; Brookside Youth Centre; Cecil Facer Youth Centre; Donald Doucet Youth Centre; Invictus Youth Centre; Justice Ronald Lester Youth Centre; Roy McMurtry Youth Centre; Sprucedale Youth Centre; Toronto Youth Assessment Centre:

  • Your placement alone in the designated room or area lasted at least 6 consecutive hours;

  • You had no meaningful human contact during your placement alone in the designated room or area;

  • Your placement alone in the designated room or area took place when you were under the age of 18; and

  • Your placement alone in the designated room or area took place at any time between April 1, 2004 and December 17, 2018.

Please note that the following placement or placements alone in a designated room or area do not count towards the class definition and do not make you a Class member:

  •  Segregation by reason of a lock-down at a Youth Justice Facility; and

  • The routine locking in your room overnight at a Youth Justice Facility as authorized by statute.

Who represents the class?

 

The Court has appointed Koskie Minsky LLP and Strosberg, Sasso, Sutts LLP from Toronto to represent you and other Class Members as “Class Counsel.”  You will not be personally charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

 

What are your options?

 

Stay in the Class: To stay in the Class, you do not have to do anything.  You will be bound by all Court orders, good or bad.  If any benefit is awarded, you may need to take action in order to receive any benefits.

 

Get out of the Class:  If you want to keep your rights to sue Ontario individually over the claims in this case you need to remove yourself by sending a letter that says you want to be removed from the Class in C.S. v Ontario. Include your name, address, telephone number, and signature.   You can also get an Opt Out Form by clicking here. You must mail your Removal Request postmarked by April 9, 2019 to: Ontario Youth Segregation Class Action Administrator c/o Crawford Class Action Services, 3-505, 133 Weber St N, Waterloo, ON, N2J 3G9 or by email at: youthsegregation@crawco.ca.

 

How can you get more information?

 

 Call toll free: Write to:     Email: 1-833-430-7538 (TTY: 1-877-627-7027) Ontario Youth Segregation Class Action Administratorc/o Crawford Class Action Services3-505, 133 Weber St NWaterloo, ON N2J 3G9 youthsegregation@crawco.ca

 

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