Published
October 3, 2026
People who were alive on September 12, 2016 and were placed in segregation in a Manitoba provincial custodial facility as a youth between September 12, 2006 and June 4, 2026, or as an adult between September 12, 2012 and June 4, 2026 for 15 or more consecutive days or while living with a serious mental illness, may qualify to claim $3,000 to $100,000 CAD from the Manitoba solitary confinement class action settlement. Claims close August 24, 2027, under a settlement worth up to $129 million CAD that the Manitoba Court of King’s Bench approved on June 4, 2026.
Current Status
Claims are open. The claims period opened August 24, 2026 and closes August 24, 2027; the notice says claim forms must be submitted before August 24, 2027 and gives no time of day or time zone. The Manitoba Court of King’s Bench approved the settlement on June 4, 2026. The administrator says payments will be issued only after all claims are processed and approved, and that none are expected before fall 2027.Free settlement alerts
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Status
Claims Open
Claim Deadline
August 24, 2027
Online, by email, by phone with the administrator or by postmark
Estimated Payout
$3,000 to $100,000 CAD
Base of up to $9,000, $6,000 or $3,000 CAD by class · more for serious harms
Proof Required
Yes
Eligibility verified against Manitoba correctional files · signed file-release authorization required
What Changed Recently?
The claims period opened on August 24, 2026, following the court’s June 4, 2026 approval of a settlement in Gamblin et al. v. Manitoba, a class action filed in 2021 and certified in May 2022. Class counsel started a second case on May 2, 2024 covering the same groups for placements after May 4, 2022, and the settlement classes run through June 4, 2026. The parties settled after a two-stage common-issues trial had been scheduled; the trial dates were adjourned in November 2025.The lawsuit alleges that Manitoba improperly subjected inmates to segregation and that this amounted to breaches of fiduciary duty, systemic negligence and breaches of inmates’ rights under the Canadian Charter of Rights and Freedoms. Manitoba denies these claims and denies liability, but chose to resolve the case without a trial.
One deadline is still running besides the claim deadline: class members placed in segregation between February 28, 2026 and June 4, 2026 can opt out of the settlement for those placements by October 8, 2026.
Who Qualifies?
Every class member must have been alive as of September 12, 2016 and held in one of Manitoba’s provincial custodial facilities. There are three classes:- Youth Inmates: placed in preventive segregation while under 18, between September 12, 2006 and June 4, 2026. To receive an award, the placement must have lasted at least 6 hours.
- Inmates with a Serious Mental Illness (SMI): placed in disciplinary or preventive segregation between September 12, 2012 and June 4, 2026, having been diagnosed by a medical doctor with a listed DSM disorder (including schizophrenia and other psychotic disorders, major depressive disorders, bipolar disorders, PTSD, obsessive compulsive disorder, borderline personality disorder and neurocognitive disorders), with significant impairment of a defined kind that was reported to Manitoba before or during the segregation. To receive an award, the placement must have lasted at least 22 hours and records must show Manitoba knew or ought to have known of the illness.
- Prolonged Inmates: placed in solitary confinement for 15 or more consecutive days between September 12, 2012 and June 4, 2026.
Segregation generally covers placements within the definition in Manitoba’s Correctional Services Regulation, which class counsel says includes quiet room placements, observation, confinement and isolation, and transitional confinement. People who opted out earlier, or who settled similar claims with Manitoba and signed a release, are not eligible.
Some older placements are presumed to be statute-barred. That applies when a person’s only adult placements ended before September 12, 2016 and they did not have a serious mental illness, or when the person turned 18 on or before September 12, 2012 and their youth placements ended before that date. Those placements count only through the Statute-Barred Claims Process, which requires medical, legal or institutional evidence of a recognized disability, such as residence in a psychiatric facility, certification under The Mental Health Act, a finding of unfitness to stand trial or a declaration of incapacity.
How Much Can Class Members Receive?
The settlement is worth up to $129 million CAD. Court-approved legal fees, disbursements, the honorarium, administration expenses and taxes come out of it. Each eligible claimant can receive a Base Payment, and some also receive a Serious Harms Award:- Base Payment: up to $9,000 CAD for Youth Inmates, $6,000 CAD for SMI Inmates and $3,000 CAD for Prolonged Inmates. Base Payments are paid first and may be reduced if needed to pay every eligible claimant.
- Lengthy and repeated placements: added when total eligible placements reach 15 days for youth, 30 days for SMI Inmates or 45 days for Prolonged Inmates. The grid rises from $8,000 CAD (youth, 15 to 29 days) to $55,000 CAD for youth, $50,000 CAD for SMI Inmates and $45,000 CAD for Prolonged Inmates at 300 or more days.
- Specific and recorded harms: $35,000 CAD for a new mental illness diagnosis within 120 days of a placement or a qualifying transfer to a psychiatric or mental health facility within 90 days; $10,000 CAD for self-injurious behaviour within 90 days; and $40,000 CAD for a suicide attempt within 90 days.
Combining both types, the maximum is $100,000 CAD for Youth Inmates, $91,000 CAD for SMI Inmates and $88,000 CAD for Prolonged Inmates. These are ceilings set by the notice, not estimates of a typical payment.
What Proof or Notice ID Is Required?
Proof is required, but it comes mainly from government records rather than from the claimant. Every claim is checked against Manitoba’s correctional files, and the administrator can ask for specific documents. No notice ID, claim number or PIN is needed. The notice says that unless the administrator asks for specific documents, claimants do not need to provide any records or evidence with the claim. The claim form asks for a name, date of birth, contact details, the inmate ID number if known, and the facilities and dates of custody to the best of the claimant’s knowledge, then has claimants tick statements describing their placements and any recorded harms.Every claimant must sign an authorization allowing Manitoba to provide their correctional file to the administrator, Manitoba’s counsel, class counsel, the adjudicator and the court. Claimants in the SMI group or claiming a recorded harm must also authorize release of their correctional healthcare file. Statute-barred claims need the disability evidence described above, and representatives attach documents showing their authority.
What Is the Deadline?
Class counsel and the administrator list August 24, 2027 as the close of the claims period, and the notice says a completed claim form must be submitted before August 24, 2027. No time of day or time zone is stated. For paper claim forms, the Canada Post postmark date counts as the submission date. The separate opt-out deadline for placements between February 28 and June 4, 2026 is October 8, 2026.How to File a Claim
The claim form can be completed on the Manitoba Segregation Claims Portal. A fillable copy is posted on the administrator’s case page; digital forms go back by email and paper forms by mail, using the contact details there. The notice also says the administrator can take a claim over the phone.People currently held in a Manitoba provincial custodial facility can ask staff on their living unit for a claim form and a prepaid return envelope, and Manitoba probation offices also carry copies. Class counsel, Koskie Minsky LLP, offers help completing the form.
What Happens Next?
Proactio, the claims administrator, or a claims adjudicator where applicable, decides eligibility for a Base Payment, a Serious Harms Award or both. Base Payments are distributed first. The administrator says payments will be issued only once all claims have been processed and approved, and that none are expected before fall 2027; no specific payment date had been announced as of October 3, 2026.Class members who do not file by the deadline receive nothing from the settlement and still release their claims against Manitoba over segregation in provincial facilities. Having given information to class counsel, another lawyer or a support agency in the past does not count as a claim.
Sources and Verification
- Manitoba Solitary Confinement — Proactio administrator page
- Long Form Notice of Settlement Approval
- Claim Form
- Koskie Minsky LLP class counsel case page
- Certification decision (May 2022)
This page is informational and is not legal advice.
Questions
What counts as segregation in the Manitoba settlement?
Class counsel says segregation generally means a placement that falls within the definition of segregation in Manitoba’s Correctional Services Regulation, including quiet room placements, observation, confinement and isolation, and transitional confinement.
Who has an opt-out deadline in October 2026?
Only class members placed in segregation between February 28, 2026 and June 4, 2026. They may exclude those placements from the settlement by submitting a signed Opt-Out Form by October 8, 2026. Opting out means no settlement money for those placements. Earlier opt-out periods for older placements have already closed.
Can a claim be made for someone who has died?
A legally authorized representative, such as an estate, can file, but the claim form says an estate claim is available only for a deceased person who was alive as of September 12, 2016. The representative attaches documents confirming their authority.
How are payments made to people who are still in custody?
The claim form says the Settlement Agreement bars payments into inmate trust accounts at provincial custodial facilities, and no payment is issued in another person’s name. Claimants choose a cheque to their address or direct deposit, which requires a void cheque in the claimant’s full name.
For more class actions keep scrolling below.
Settlement Amount
Up to $129 million CAD
Case Title
Gamblin et al. v. Manitoba
Case Number
CI21-01-31242
Court
Court of King’s Bench of Manitoba
Final Approval Hearing
June 4, 2026
Settlement approved that day
Administrator
Proactio
Official Website
Proactio Manitoba Segregation Settlement
