Federal Prisoner Mental Health Class Action

What is this case about?


The lawsuit says the Government of Canada failed to care for people who suffer from mental illness within Federal Penitentiaries. The Government of Canada denies these claims. The Court has not decided whether the Class or Canada is right. The lawyers for the Class will have to prove their claims in Court.


Who is included?


All offenders in federal custody who were diagnosed by a medical doctor with an Axis I Disorder (excluding substance use disorders), or Borderline Personality Disorder, who suffered from their disorder, in a manner described in Appendix A, and reported such during their incarceration, where the diagnosis by a medical doctor occurred either before or during incarceration in a federal institution and the offenders were incarcerated between November 1, 1992 and the present, and were alive as of July 20, 2013 (with some exceptions). The amended claim containing the complete class definition can be found on the Koskie Minsky website.


Who represents the class?


The Ontario Superior Court of Justice has appointed Koskie Minsky LLP to represent the Class as “Class Counsel”. You don’t have to pay Class Counsel, or anyone else, to participate. Instead, if they get money or benefits for the Class, they may ask for lawyers’ fees and costs, which would be deducted from any money obtained, or to be paid separately by Canada. You may hire your own lawyer to appear for you, but if you do, you may have to pay that lawyer.


What are your options?


Stay in the Class: To stay in the Class, you do not have to do anything. If money or benefits are obtained, you will be notified about how to ask for a share. You will be legally bound by all orders and judgments, and you will not be able to sue Canada about the legal claims in this case.


Staying in this Class will not impact the residence or supports received by class members from community based agencies which are funded by any government.


Get out of the Class: If you want to keep your rights to sue Canada individually over the claims in this case you need to remove yourself by sending a letter or an Opt Out form to the Administrator postmarked no later than August 12, 2017. If you remove yourself, you cannot get money or benefits from this lawsuit if any are awarded. For more information about removing yourself, or opting out, click here.


How can I get more information?


Go to www.federalprisonermentalhealthclassaction.ca, call toll-free (1-855-823-0650)  (TTY: 1-877-627-7027) or write to:


Federal Prisoner Mental Health Class Action Administrator

c/o Crawford & Company

3-505, 133 Weber St N.

Waterloo ON N2J 3G9


or by email at: federalprisonermentalhealthclassaction@crawco.ca.