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.

Just Posted

VIDEO: North Island man trapped under ATV for days shows promise at Victoria hospital

Out of induced coma, 41-year-old is smiling, squeezing hands and enjoying sunshine

Crime on the rise? Here’s Port Hardy RCMP’s third quarter report for 2019

The Port Hardy RCMP has so far opened 3,349 files in 2019, with only the fourth quarter left.

Tri-Port honours the fallen on Remembrance Day

Check out the North Island Gazette’s Remembrance Day photo gallery from Port… Continue reading

Alumni vs. Midgets hamper game set for Nov. 23 in Port McNeill

“We really want to make this a special day on the North Island”

VIDEO: 12th annual Port Hardy Wild hockey tournament finals

The Wild vs. Whalers and Warriors vs. Flyers from last weekend’s tournament.

Listening to Christmas music too early could affect your mental health

Linda Blair, a clinical psychologist, says preemptive Christmas music can trigger anxiety

Port Alberni mom takes school district to court over Indigenous smudging, prayer in class

Candice Servatius, who is an evangelical Christian, is suing School District 70

Family of B.C. man killed in hit-and-run plead for tips, one year later

Cameron Kerr’s family says the driver and passengers tried to cover their tracks

Princeton couple pays for dream vacation with 840,000 grocery store points

It’s easy if you know what you are doing, they say

Chilliwack family’s dog missing after using online pet-sitting service

Frankie the pit bull bolted and hit by a car shortly after drop off through Rover.com

B.C. wildlife experts urge hunters to switch ammo to stop lead poisoning in birds

OWL, in Delta, is currently treating two eagles for lead poisoning

B.C. First Nations drop out of court challenge, sign deals with Trans Mountain

Upper Nicola Band says deal represents a ‘significant step forward’

Ski resorts selling mountain water is a risky move, critics say

Alberta allowed ski resort in Kananaskis Country to sell about 50 million litres to third party

Most Read