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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Campbell River celebrates Canada Day virtually

Three-hour online video of community contributions available at noon Canada Day

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Splash Park reopens just in time to beat the summer heat

The water park and other parks amenities, except outdoor pool, is now open

Stay Local, Buy Local, Eat Healthy – Farmers’ Market relocates to Cedar Street

The Pier Street Farmer’s Market is back with a new spacious location!… Continue reading

Local governments need a reason to prevent public access to meetings – Ministry

Strathcona Regional District to buy $157,000 tech system to help allow public attendance

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

Mirror business directory and map

If you’d like to be added to the list, shoot us an email

PHOTOS: Dual rallies take over Legislature lawn on Canada Day

Resist Canada 153 highlighted colonization and genocide, Unify the People called COVID a hoax

Gov. General honours Canadians for bravery, volunteer service

Five categories of winners presented on Canada Day

COVID-19: Should non-medical masks be mandatory in Canada?

New poll shows Canadians are divided on the rules around mandatory masks

Victoria police investigating possible hate crime on BC Transit bus

A young Black man was randomly struck by a Caucasian man who he did not know

UPDATE: No COVID-19 at Nanaimo shopping centre as memo mixed up mall identities

Woodgrove Centre sent memo to tenants Tuesday advising them of positive case

Most Read