B.C.’s role should be considered in guard’s alleged sexual assault of inmates: lawyer

Two men have accused a prison guard of sexually assaulting them in the 1980s

A lawyer representing two former inmates claiming they were sexually assaulted by a prison guard said he’s disappointed that a judge struck down parts of his client’s claim.

Errol Patrick Johnson and Cal Dean Kane are seeking damages arising from alleged sexual assaults or abuses dating back to the 1980s by Roderic David MacDougall while they were at the Lower Mainland Regional Correctional Centre, known as Oakalla, in Burnaby.

READ MORE: Man ‘scared straight’ as teenager gets $175,000 in damage award from B.C. court

On Monday (May 13) in BC Supreme Court, Justice David M. Masuhara ruled the government can strike portions of the plaintiffs’ amended civil claim which include the “Dumond Report,” which addresses the deficiencies in the Province’s conduct and standard of care over the entirety of MacDougall’s 21-year career with the BC Corrections, according to court documents.

“The judgment is of significance not just to the individuals that are named in the lawsuit but there are 60 other men that I represent,” said Karim N. Ramji, the plaintiffs’ lawyer. “Its basically creating, if you like, potential barrier to accessing charter damages and limiting that right and that’s very significant issue.”

There have been approximately 200 inmates who have filed civil claims against MacDougall alleging sexual assault at various institutions where he was employed as a corrections officer, according to court documents.

“The real defendant here is the province of British Columbia, because we say they knew about these things for a long long time but did nothing to prevent it,” Ramji said.

He will be discussing the judgment with his clients and expects to appeal the ruling.



joti.grewal@bpdigital.ca

Like us on Facebook and follow us on Twitter

Just Posted

Painting collage brightens space at Parksville’s MAC

Donna Matilla and Tony Martin fill the room with vibrant colours in new exhibit

Parksville Qualicum Beach legions set to launch Poppy Campaign

Annual fundraiser to run from Oct. 25 to Nov. 11

Bear sightings up significantly in Parksville Qualicum Beach area

Fruit trees number one food attractant, says conservation officer

Parksville Qualicum Beach crime report: Thieves pilfer laptops, tools, big-screen TV, cash and more

Oceanside RCMP received 256 complaints between Sept. 29 and Oct. 5.

Qualicum Bay writer Linda Tenney dies after battle with cancer

Celebration of life set for Nov. 2 at Lighthouse Community Centre

In the news: Liberals eke out a win, but will need NDP, Green support to pass bills

Conservatives say they are ready if Trudeau should falter

Second young woman dies after rollover crash near Williams Lake

‘Someone’s going to get her heart, which is awesome, because she has the best heart in the world’

Google searches for ‘how to vote’ surge on Election Day

Interest spikes despite social media campaign by Elections Canada

Union says Western Forest Products refuses to budge from ‘unreasonable concessions’

According to a press release, both parties met on Oct. 16, 18, 19, and 20.

Alberta man pleads guilty, fined for hunting without a licence in North Island

It’s the responsibility of each hunter or angler to know whether they are considered a B.C. Resident.

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Environment Canada issues gale warnings for western Vancouver Island

Gale warnings in effect for most of Vancouver Island and west coast Mainland

Report suggests new BC Ferries terminal near YVR

Metro Vancouver currently has two ferry terminals at northern and southern reaches

B.C. woman must pay $1,000 after unleashed dog bites another

Owner should never have left Bibi unattended, tribunal member wrote

Most Read