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

Langley siblings collect bottles for a brother they never got to know

Fundraising for ‘families who lost a baby and families who can’t have a baby”

VIDEO: Mark Warawa undergoes cancer surgery

Doctors told Langley-Aldergrove M.P. the goal is ‘holding it at bay’

Update: Langley cupcakes against cancer fundraiser a sellout

Supporters rally behind Christine Tulloch, a crusader against cancer, who has suffered a relapse

Police campaign swoops in on speeders on Fraser Highway in Aldergrove

The roads are getting too ‘busy’ for just one lane, says RCMP volunteer.

PHOTOS: Aldergrove’s aquatic areas partially reopen

Discounted prices in effect until leisure pool construction finished

Kelowna toddler suffers cracked skull after fall from balcony

Neighbour who found the two-year-old boy said he has a bump the size of a golf ball on his head

Baby boom seniors putting pressure on B.C. long-term care: report

B.C. leads Canada in growth of dementia, dependence on care

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

Support growing for orphaned Okanagan child after father dies in highway crash

Family thanks emergency crews for assistance in traumatic incident

Pipeline protester chimes in on Justin Trudeau’s B.C. fundraising speech

The government purchased the Trans Mountain pipeline and expansion project for $4.5 billion

UPDATED: B.C. man says he’ll take People’s Party lawsuit as far as he can

Federal judge shut down Satinder Dhillon’s ‘nonsensical’ motion to bar use of PPC name in byelection

Coquitlam RCMP release video in search for witness to crash that killed girl, 13

Witness is described as a slim Asian man with short, black hair, no facial hair and wearing glasses

Four rescued from Golden Ears mountain

Hikers from Surrey started out for Evans Peak at 6 p.m.

Most Read