People who were held in separate confinement or segregation in a B.C. provincial jail do not have to dig up their own paperwork to claim from this settlement: the claim is checked against British Columbia’s correctional records, and the claimant mainly signs an authorization releasing them. Eligible claimants receive up to $3,000 or $6,000 CAD as a base payment, and up to $85,000 CAD more for long or repeated placements or harms recorded in their files. Claims must be submitted before January 11, 2027.
Status: Settlement approved October 22, 2025 | Claims open since January 10, 2026 | Claim deadline: submit before January 11, 2027 | No payments expected before 2027
Two Ways Into the Class
The class in North v. His Majesty the King in Right of the Province of British Columbia, No. S1812656, in the Supreme Court of British Columbia, covers people who, between April 18, 2005 and October 22, 2025, were involuntarily placed in separate confinement or segregation in a B.C. correctional centre and fit at least one group:
| Prolonged Class | The placement lasted 15 or more consecutive days. |
| SMI Class | The placement lasted at least 22 consecutive hours, and B.C. Corrections knew or ought to have known the person had a Mental Illness, as shown by records under the claims-process criteria. |
“Separate confinement and segregation” means placement apart from the general population under sections 17, 18, 24 or 27(1)(d) of the Correction Act Regulation. “Mental Illness” is a defined term: a diagnosed condition from a list of DSM disorders that includes schizophrenia and related psychotic disorders, major depressive disorders, bipolar I and II, post-traumatic stress disorder, obsessive compulsive disorder, borderline personality disorder and neurocognitive disorders such as dementia.
The administrator lists ten covered centres: Alouette Correctional Centre for Women, Ford Mountain, Fraser Regional, Kamloops Regional, Nanaimo, North Fraser Pretrial, Okanagan, Prince George Regional, Surrey Pretrial Services and Vancouver Island Regional.
Who Is Left Out
- People who opted out. The last opt-out window, for people placed between July 19 and October 22, 2025, closed on February 24, 2026.
- People who already settled similar claims with British Columbia and signed a release.
- Placements made because of COVID-19 protocols.
Timing can also push a claim into a separate track. If a person’s only placements ended before November 26, 2016, or happened between December 23, 2020 and July 30, 2022, they can be considered only through the Statute-Barred Claims Process, which requires showing the claimant was a person under a disability long enough that the claim is not time-barred. The notice tells these class members to file the regular claim form and tick the statute-barred box; the administrator or class counsel then follows up.
The Payment Grid
The settlement is worth up to $60 million CAD. Court-approved legal fees, disbursements, the honorarium, administration expenses and taxes come out first. The administrator describes a $30 million CAD Common Experience Fund and a Serious Harms Fund of $25 million to $30 million CAD.
Common Experience Payments go to every eligible claimant and are paid first: up to $3,000 CAD for Prolonged Class members and up to $6,000 CAD for SMI Class members. These are “up to” amounts, so the final figure is not guaranteed.
Serious Harms Awards can be added on top:
| Cumulative placement days | From $8,000 CAD (SMI Class, 30 to 44 days) or $5,000 CAD (Prolonged Class, 45 to 74 days), rising to $30,000 CAD and $25,000 CAD respectively for 200 or more days |
| New Mental Illness diagnosis within 90 days of a placement, or a qualifying transfer to a designated mental health facility within 60 days | $35,000 CAD |
| Self-injurious behaviour within 60 days | $10,000 CAD |
| Suicide attempt within 60 days | $40,000 CAD |
No one can receive more than $85,000 CAD from the Serious Harms Fund, which makes $91,000 CAD the overall maximum.
What the Claim Form Asks
No notice ID, claim number or PIN is needed, and people filing for themselves are not asked to attach documents. The form asks for a name, date of birth, contact details, the correctional services number if known, and a list of B.C. correctional centres and dates since 2016, to the best of the claimant’s memory. Claimants tick statements describing their placements and any recorded harms.
A signed authorization is mandatory. Signing authorizes British Columbia to release the claimant’s correctional services records to the administrator, class counsel, the adjudicator and the court. SMI Class claimants and anyone claiming a recorded harm also consent to release of their correctional health records from the Provincial Health Services Authority. A claim the records do not support can be denied, and class counsel or the administrator may ask follow-up questions or request more records. A guardian, estate or other legally authorized representative must attach proof of that authority.
How to File
- Online: the online claims portal.
- Fillable or paper form: posted on the administrator’s case page, returned by email or mail using the contact details there. For paper forms, the Canada Post postmark date counts as the submission date.
- In custody or on supervision: according to the notice, people currently held in a B.C. correctional centre can ask for a claim form and prepaid return envelope on their living unit, and probation and parole offices in British Columbia also have copies.
Class counsel, Koskie Minsky LLP and McEwan Partners LLP, offer help completing the form. The notice says a claim must be submitted before January 11, 2027, and gives no time of day or time zone. Class members who miss it cannot receive money and still release their claims against the province.
Background and Timing
The case was filed in November 2018 and certified on December 22, 2020. It alleges British Columbia improperly subjected inmates to separate confinement and segregation, amounting to breaches of fiduciary duty, systemic negligence and breaches of rights under the Canadian Charter of Rights and Freedoms. The province denies these claims, and the court approved the settlement without deciding them.
The administrator, Proactio — or a claims adjudicator where the process calls for one — decides eligibility for each fund. Common Experience Payments go out first. Proactio says payments will be issued only after all claims are processed and approved, with none expected before 2027; no specific date had been announced as of October 3, 2026. The B.C. solitary confinement settlement page at OpenClassActions.com follows the claims process.
Frequently Asked Questions
Do I need my own records to claim from the B.C. segregation settlement?
No. People filing for themselves are not asked to attach documents. Every claim is checked against British Columbia’s correctional services records, and the claimant signs an authorization releasing those records to the administrator, class counsel, the adjudicator and the court.
How much can a class member receive?
A Common Experience Payment of up to $3,000 CAD for the Prolonged Class or up to $6,000 CAD for the SMI Class, plus a possible Serious Harms Award of up to $85,000 CAD, for an overall maximum of $91,000 CAD.
Which correctional centres are covered?
The administrator lists Alouette Correctional Centre for Women, Ford Mountain, Fraser Regional, Kamloops Regional, Nanaimo, North Fraser Pretrial, Okanagan, Prince George Regional, Surrey Pretrial Services and Vancouver Island Regional.
Are placements made under COVID-19 protocols covered?
No. The administrator says placements made because of COVID-19 protocols are not eligible. Separately, placements between December 23, 2020 and July 30, 2022 can be considered only through the Statute-Barred Claims Process.
Can someone currently in custody file?
Yes. According to the notice, people held in a B.C. correctional centre can ask for a claim form and a prepaid return envelope on their living unit, and probation and parole offices in British Columbia also have copies.
When will payments be made?
Proactio says payments will be issued only after all claims have been processed and approved, and none are expected before 2027. Common Experience Payments are distributed before Serious Harms Awards.
Sources
- Claims administrator — Proactio, British Columbia Solitary Confinement and its online claims portal.
- Long Form Notice of Settlement Approval and Claim Form, North v. His Majesty the King in Right of the Province of British Columbia, No. S1812656, Supreme Court of British Columbia.
- Certification reasons for judgment (December 22, 2020) and the Koskie Minsky LLP class counsel case page.
- OpenClassActions.com — British Columbia Solitary Confinement Settlement.
Source and credit: the settlement terms, deadlines and benefit details described above are drawn from our sister site’s reporting — OpenClassActions.com: British Columbia Solitary Confinement Settlement — Up to $91,000 CAD — which tracks this case against the court-approved notice and the official settlement website and is updated as the court rules.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm and not the settlement administrator, and is not affiliated with any party to the case described. The allegations are allegations; unless a court has ruled, the defendants deny wrongdoing and no court has decided the merits. Deadlines, benefit amounts and payment timing can change as the court and the administrator act, so confirm current status on the official settlement website. You never need to pay anyone to file a claim or to receive a settlement payment.