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

Stettler’s Big Brothers Big Sisters has plenty of events lined up for the first part of 2020

January is Mentoring Month across Canada and throughout North America

Cattle Show set to return to Stettler Jan. 31st and Feb. 1st

“Stettler, historically, has been a very strong cattle community. It was a real hub for the cattle industry.”

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

RCMP remind drivers about dangers of unlocked and idling vehicles

Leaving a vehicle running unattended creates a situation that criminals find difficult to resist

Stettler Junior Curlers traveled to the Wetaskiwin bonspiel Jan. 11th and 12th

Coming up on Feb. 8th and 9th, the Club will be hosting its own junior bonspiel with 28 teams registered

Rebels fight back from 3-1 Raider lead to win 4-3 in shootout

Two goals by Zak Smith key to Rebels comeback

‘Extensive’ work planned at Big Bar landslide ahead of salmon, steelhead migration

Fisheries Minister Bernadette Jordan visited the site of the slide from June

Royal deal clears way for Harry, Meghan part-time Canada move: experts

Keith Roy of the Monarchist League of Canada said the deal is exactly what Harry and Meghan asked for

PHOTOS: Eastern Newfoundland reeling, search underway for missing man after blizzard

More than 70 centimetres of new snow fell overnight, creating whiteout conditions

Prince Harry, Meghan to give up ‘royal highness’ titles

‘Harry, Meghan and Archie will always be much loved members of my family,’ says Queen Elizabeth II

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

Metis nations ask Ottawa to negotiate directly with them, not national body

Three provincial Metis nations will work through the national council until after the federal government releases its 2020 budget

Most Read