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

Just Posted

Ride For Doug Muscular Dystrophy fundraiser to proceed

It will be shorter and much of it will be online due to COVID-19 restrictions

Abbotsford football star Samwel Uko dies at age 20

Panthers star running back dies on May 21, cause of death not yet known

LETTER: Angels come to aid of elderly couple in distress

In the craziness of the moment, letter writer forgot to get names, and is anxious to say thanks

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

LIVE: Procession to honour Snowbirds Capt. Jennifer Casey comes to Halifax

Snowbirds service member died in a crash in Kamloops one week ago

Facing changes together: Your community, your journalists

Thanks for helping the Aldergrove Star to continue its mission to provide trusted local news

RCMP facing ‘systemic sustainability challenges’ due to provincial policing role

Provinces, territories and municipalities pay anywhere from 70 to 90 per cent of the cost of the RCMP’s services

‘Not a joke’: Promoter wants to rocket-launch man the length of White Rock pier

Brooke Colby says he’s building an eight-foot rocket in his backyard

One man dead after standoff with Chilliwack RCMP

The Independent Investigations Office of B.C. is investigating the RCMP’s role in the death

B.C. employers worry about safety, cash flow, second wave in COVID-19 restart

A survey found 75 per cent of businesses worry about attracting customers

Ex-BC Greens leader Andrew Weaver says province came close to early election

Disagreement centred on the LNG Canada project in northern B.C.

Canada’s NHL teams offer options to season-ticket holders

Canadian teams are offering refunds, but also are pushing a number of incentives to let them keep the money

Boy, 2, left with ‘soft tissue injuries’ after being hit by car in Squamish intersection

Boy was release from hospital, police continue to investigate

Most Read