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

City Dream Centres hands out 1,000 backpacks at back to school event in Surrey

This is the fifth year the charity is hosting the event in the city

Securing Olympic spot the latest test for Canadian softball squad at Surrey tournament

Softball hasn’t been included in the Games since 2008 when Canada finished fourth in Beijing

UPDATE: Two men injured in north Surrey shooting

Police say the incident was targeted, may be linked to drug activity

White Rock RCMP seeking information about Aug. 16 assault

Man in 60s was injured around same time Paul Prestbakmo was stabbed to death

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

B.C. VIEWS: Pipelines set to roll as federal politicians posture

Projects to drive B.C., Canadian economy in years ahead

B.C. Lions fall to 1-9 after 13-10 loss to Ticats

Lowly Leos have dropped six straight CFL contests

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

B.C. man who died after rescuing swimmer was known for helping others

Shaun Nugent described as a dad, a coach, a hero and ‘stand-up guy’ at celebration of life

B.C. RCMP plane chases fleeing helicopter as part of major cross-border drug bust

The helicopter eventually landed at a rural property near Chilliwack

Border crossings across Lower Mainland seeing lengthy delays

Sumas, Peace Arch and Surrey-Blaine border crossings seeing long wait times

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

PHOTOS: Brazil military begins operations to fight Amazon fires

Amazon fires have become a global issue, escalating tensions between Brazil and European countries

Most Read