The federal government's treatment of inmates held in administrative segregation in federal correctional institutions across Canada has received public scrutiny in recent years, sparking legislative debate as well as constitutional litigation.
Among the cases that have been commenced against the federal government alleging violations of the Canadian Charter of Rights and Freedoms (the "Charter") is Brazeau v. Canada (Attorney General), a class action brought by Christopher Brazeau and David Kift on behalf of a class of inmates who were placed in administrative segregation while incarcerated at federal correctional institutions despite being diagnosed with serious mental illnesses.
Messrs. Brazeau and Kift alleged that the federal government's placement of class members in administrative segregation was a violation of sections 7, 9, and 12 of the Charter that could not be saved by section 1. The plaintiffs and class sought damages in the aggregate under subsection 24(1) of the Charter for the alleged violations.
Justice Perell certified the action as a class proceeding in December 2016 (2016 ONSC 7836). The common issues included several questions regarding alleged “systemic” breaches of the Charter resulting from the federal government's operation and management of federal correctional institutions and whether Charter damages were available in the aggregate.
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