Mooring v. Canada
T-1106-91
Joyal J.
31/8/93
17 pp.
Action for damages with respect to altercation taking place in maximum security environment of Kent Institution in British Columbia -- Plaintiff involved in altercation with half dozen inmates -- Incident caused by group of inmates entering pool-room of institution and having brew-party -- Immediate measures taken by correctional staff -- Plaintiff strip-searched, given short burst of mace and quickly subdued -- Plaintiff's eyes and face suffering from effects of mace -- Whether Crown liable for not taking timely decontamination procedures or otherwise preventing plaintiff from taking decontamination measures himself -- Three or four-hour delay subjecting plaintiff to pain and suffering -- Use of mace to subdue inmate use of force -- When mace applied, decontamination should take place as soon as possible -- Failure to follow corrective measures may result in severe skin irritation, depigmentation or other skin injuries -- Whether plaintiff entitled to decontamination as soon as possible after suffering burst of mace -- Failure to remove plaintiff's handcuffs by using food slot so as to enable inmate to decontaminate himself -- Staff liable for non-performance of duty imposed on it -- Award of damages for pain and suffering, humiliation and degradation and for punitive or exemplary damage not warranted -- Pain and suffering on application of mace to plaintiff's eyes and face natural and well-justified reaction to plaintiff's own behaviour -- Damages fixed at $1,500 with interest and costs -- Action allowed in part.