CROWN |
Torts |
Guitare v. Canada
T-1488-94
2002 FCT 1170, Lafrenière P.
12/11/02
10 pp.
Action in damages for injuries (contusions, lacerations, broken tooth, increased headaches for approximately six months afterwards) suffered by inmate when viciously assaulted by fellow inmate while occupying cell in segregation unit at Millhaven Institution--Plaintiff alleging correctional officers negligent in failing to keep him safe, failing to promptly come to rescue--Crown denying officers acted negligently, asserting plaintiff's injuries caused by independent act of third person, plaintiff should be held at least partly responsible as brought attack upon himself-- Plaintiff charged with sexual assault of cell mate--Although acquitted of charge, remained in administrative segregation for own safety as once inmate labelled sexual offender, can never again feel safe in penitentiary--Officer in charge failed to properly secure other inmate's cell door, prematurely opened plaintiff's door, in breach of segregation unit policy, thereby placing plaintiff in danger; other inmate ran over, repeatedly punched plaintiff for two or three minutes--Action allowed--Incumbent upon correctional officers in segregation unit to exercise great care in monitoring plaintiff's movements, limiting as much as possible any opportunities for retaliation by other inmates-- Officer erred in failing to lock other inmate's door before opening plaintiff's door--Other officers' response to incident reasonable in circumstances--As to contributory negligence, Crown had burden of proof, but failed to establish plaintiff provoked, or contributed to provoking, assault--General damages for pain, suffering relating to injuries assessed at $5,000.