Paul Hennebury et al. v. Her Majesty in Right of Newfoundland and Labrador

(Court File No. 2020 01G 4112 CP).

WERE YOU IN A CORRECTIONAL FACILITY IN NEWFOUNDLAND FROM AUGUST 14, 1990 TO OCTOBER 21, 2021?

IF YES, A Class Action May Affect Your Rights.

You could be affected by a class action against the Government of Newfoundland and Labrador (the “Province”).

A lawsuit has been certified as a Class Action against the Province. The Statement of Claim alleges that the Province, through its use of segregation in its correctional facilities, caused harm to inmates, as well as violated their Charter rights. Segregation is any placement in a Provincial Institution in which an inmate is confined in isolation from the general population of the prison. This can include time spent in disciplinary or administrative segregation, the special handling unit, a dry cell, or time spent locked in one’s own cell.

The Supreme Court of Newfoundland and Labrador decided that a class action on behalf of people who were alive as of August 14, 2019 and who were inmates in Provincial Institutions from August 14, 1990 to October 21, 2021 who were subjected to Prolonged Segregation (15 or more consecutive days) or who were subjected to Segregation for any length of time and were diagnosed with a Serious Mental Illness (with some exclusions) (the “Class”) can proceed.

Provincial Institutions include any of the following correctional facilities:

• Her Majesty’s Penitentiary,
• Newfoundland and Labrador Correctional Centre for Women,
• Labrador Correctional Centre,
• Bishop’s Falls Correctional Centre,
• West Coast Correctional Centre,
• St. John’s Lockup; and
• Corner Brook Lockup.

The lawsuit seeks compensation for class members. Segregation is defined as any placement in a Provincial Institution in which an inmate is confined in isolation from the general population of the prison. This can include time spent in disciplinary or administrative segregation, the special handling unit, a dry cell, or time spent locked in one’s own cell.

RESIDENTS OF NEWFOUNDLAND AND LABRADOR

Any person in Newfoundland and Labrador who wishes to opt out of the class action as certified must do so by sending a written notice on or before Wednesday, January 19, 2022, 5:00pm (EST), to Newfoundland and Labrador Prisons Class Action, 117 Queen St, P.O. Box 1000, Niagara-on-the-Lake, ON, L0S 1J0. Residents in Newfoundland and Labrador who meet the class definition and do not opt out will be bound by the Court’s judgment whether favourable or not. By opting out, your name will not be made public.

Please see the Opt Out Section of this website

NON-RESIDENTS OF NEWFOUNDLAND AND LABRADOR

Any person not residing in Newfoundland and Labrador who wishes to opt in to the class action as certified must do so by sending a written notice on or before Wednesday, January 19, 2022, 5:00pm (EST), to Newfoundland and Labrador Prisons Class Action, 117 Queen St, P.O. Box 1000, Niagara-on-the-Lake, Ontario, L0S 1J0. Non-residents of Newfoundland and Labrador who opt in will be bound by the Court’s judgment whether favourable or not by opting in, your name will not be made public.

Please see the Opt In Section of this website

The Representative Plaintiffs are Paul Hennebury, Nikita Pearce, Adam Hayden and Krystal Maher (A.K.A. Chase Maher).

Morris Martin Moore Lawyers have been appointed as Class Counsel to the Class.

The Class includes:

All current and former inmates who were alive as of August 14, 2019, who meet at least one of the following definitions:

1. Inmates with Serious Mental Illness
   1. Who were subjected to Segregation for any length of time at one of the Provincial Institutions during the Class Period;
   2. Who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):
      1. Schizophrenia (all sub-types);
      2. Delusional Disorder;
      3. Schizophreniform disorder;
      4. Schizoaffective Disorder;
      5. Brief psychotic Disorder;
      6. Substance-induced psychotic disorder (excluding intoxications and withdrawal);
      7. Psychotic Disorder not otherwise specified;
      8. Major Depressive Disorder;
      9. Bipolar Disorder I;
      10. Bipolar Disorder II;
      11. Neurocognitive Disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders;
      12. Post-Traumatic Stress Disorder;
      13. Obsessive Compulsive Disorder; or
      14. Borderline Personality Disorder;
   and,
   3. The Defendant knew, or ought to have known, of the diagnosed mental illness (“the SMI Inmates”).
   or,
2. Inmates in Prolonged Segregation
   1. Who were subjected to a period of Segregation for 15 or more consecutive days (“Prolonged Segregation”) at a Provincial Institution during the Class Period (the “Prolonged Inmates”).
      (together, the Class Members”)
      
      “Segregation” is defined as any placement in a Provincial Institution in which a prisoner:
   2. is confined to an isolation cell, pursuant to ss. 27 or 28 of the Prisons Regulations, CNLR 993/96 or otherwise; or
   3. is confined in any other manner in which he or she is isolated from the general prison population.
      “Provincial Institutions” is defined as:
      • any of Her Majesty’s Penitentiary,
      • the Newfoundland and Labrador Correctional Centre for Women,
      • the Labrador Correctional Centre, the Bishop’s Falls Correctional Centre,
      • the West Coast Correctional Centre,
      • the St. John’s Lockup,
      • and the Corner Brook Lockup.
   “Class Period” is defined as August 14, 1990 to the date of certification on October 21, 2021.

Please see the Notice section of this website to review the Long-Form Notice and more information regarding the Certification of the Class Action.