Manitoba settles youth solitary confinement case for $129M

Manitoba will pay $129 million to settle a class action lawsuit over the province's practice of putting incarcerated children in solitary confinement, marking one of the largest settlements in the province's history.

A judge approved the settlement orally Thursday in Winnipeg. The plaintiffs' lead lawyer, James Sayce, called it a recognition of the damage done. "We're very hopeful that this case will put an end to the practice of solitary confinement – for children, adults, the seriously mentally ill, for everyone incarcerated in Manitoba," he said.

The legal fight stretched over seven years. Court documents revealed that between 2006 and 2022, there were more than 34,000 incidents of youth being placed in segregation cells. Some were as young as 12 and 13. Some were held in windowless rooms smaller than a parking space.

A psychology expert who reviewed conditions in Manitoba's segregation units said they "rivalled anything I have observed in some of the worst solitary confinement units in the United States."

Manitoba had maintained its practices did not amount to solitary confinement. The province said it's acknowledging the approved settlement and will reserve further comments until the judge's written decision is released.

The settlement also covers adults who spent more than 15 days in segregation units, and adults previously diagnosed with mental illness before being placed in segregation. Manitoba has committed to additional measures as part of the agreement.

This case joins a growing string of lawsuits across Canada successfully challenging how segregation of prisoners is used in corrections systems.