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

Green candidate reflects on South Okanagan-West Kootenay campaign

Rosslander Tara Howse talks about the highs and lows of running for office

RDKB directors divided over dam revenues and fire service

East-end directors voted in favour of using $300,000 from the dam to support the RDKB fire service

Castlegar photographer captures rare celestial sight

Transit of Mercury occurred Monday morning

Peter de Groot inquest scheduled for May

Inquest will be held in Rossland

Rossland honours its fallen sons and daughters

Cenotaph service marks Remembrance Day

VIDEO: Canadian allergists’ group wants Benadryl behind the counter due to side effects

Some doctors say the medication is over-used because of its easy availability

Sex assault charge stayed against Port Moody mayor

Rob Vagramov completed an alternative measures program, special prosecutor said

“I thought, enough is enough”: B.C. teen takes on bullies through social media

‘I thought, enough is enough. I wanted to try something to stop it.’

Audit finds Canada’s fisheries in decline and response lacks urgency

Report says 17 per cent of fish stocks are critically depleted, up from 13.4 per cent in 2018

Small group of Cherry fans protest his firing at Rogers HQ

One sign at the Toronto rally: ‘Rogers cancels Don, we cancel Rogers’

Nearly half of B.C. drivers nervous in winter conditions: BCAA

‘Wait and see’ approach common practice for 32% of B.C. motorists

Autism support dog refused bus access for being a ‘pet’

B.C. grandmother files complaint with TransLink, calls for better awareness of service dogs

Students plan rally at B.C. education minister’s office as district strike enters third week

Saanich School District students plan to rally outside Rob Fleming’s constituency office in Victoria

73% of B.C. residents agree with a temporary ban on vaping products: poll

54% say they would not date someone who vapes, Research Co. poll suggests

Most Read