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

Beefs & Bouquets, May 23

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

Nanaimo Timbermen want to keep trending upward

Senior A lacrosse team, coming off a 2018 playoff appearance, about to start 2019 WLA season

Bookfest helps fill school library shelves leading up to next week’s event

Vancouver Island Children’s Book Festival is June 1 at downtown Nanaimo venues

Students get a look at some of the City of Nanaimo’s inner workings

Hundreds of students participate in Public Works Day

Young Nanaimo man dies after losing control of ATV

Accident claimed the life of a 23-year-old south of Nanaimo over the long weekend

Trudeau touts economic record at Liberal fundraiser in Vancouver

The Prime Minister was in B.C. for much of this week

Thunderstorms to bring heavy rain, risk of flash floods in the Okanagan

Ten to 30 millimetres of rain to fall over the early weekend

Nanaimo astronomers can hear about ultraviolet telescope’s galactic calculations

Canada’s space telescope to look at blue end of light spectrum to unveil mysteries of the universe

UPDATE: Suspected drunk driver crashes into line-painting truck on the highway in Nanaimo

Crash happened at 1 a.m. Wednesday on the Trans-Canada Highway near Duke Point Highway

Unbe-leaf-able: Agassiz man finds more than 200 four-leaf clovers in a month

Walt Hardinge has found more than 219 four-or-more leaf clovers this spring alone

Crews fight fire with fire to keep blaze from northern Alberta town

The wildfire now covers some 920 square kilometres

Man in B.C. charged with murder and arson in 2016 New Brunswick death

He is charged in the death of 71-year-old Lucille Maltais, who was found inside a burned down home

Improve your life and theirs, adopt a cat from the BC SPCA

The BC SPCA holds an adult cat adoption promotion

RCMP probe if teen was intentionally hit with ski pole by mystery skier on B.C. mountain

The incident happened on March 20 on Grouse Mountain. Police are urging witnesses to come forward

Most Read