In a Thursday, Sept. 26, 2019 file photo, detainees walk with their hands clasped behind their backs along a line painted on a walkway inside the Winn Correctional Center in Winnfield, La. A proposed class-action lawsuit alleges authorities illegally strip searched federal prison inmates hundreds of thousands of times over almost three decades. THE CANADIAN PRESS/AP/Gerald Herbert

In a Thursday, Sept. 26, 2019 file photo, detainees walk with their hands clasped behind their backs along a line painted on a walkway inside the Winn Correctional Center in Winnfield, La. A proposed class-action lawsuit alleges authorities illegally strip searched federal prison inmates hundreds of thousands of times over almost three decades. THE CANADIAN PRESS/AP/Gerald Herbert

Planned class-action lawsuit alleges illegal strip-searches of federal prisoners

The action proposes to cover all federal inmates imprisoned on or after June 18, 1992,

A proposed class-action lawsuit alleges authorities illegally strip-searched Canadian federal prison inmates hundreds of thousands of times over almost three decades.

Officials routinely flout a Corrections and Conditional Release Act provision that limits suspicionless strip-searches to instances when an inmate might have had access to drugs or other contraband, says a statement of claim filed in Ontario Superior Court.

It accuses federal authorities of improperly conducting strip-searches whenever inmates leave a prison or a secure area, enter a family visitation area or undergo a transfer to another prison.

Although this is purportedly authorized by regulation, it is “clearly contrary” to the federal legislation, the statement of claim says.

The action proposes to cover all federal inmates imprisoned on or after June 18, 1992, when the legislation took effect.

The statement says inmates have been forced to remove all their clothing, bend over, spread their buttocks, manipulate their genitalia, remove soiled tampons and squat naked while their bodily orifices were inspected.

The court action seeks an end to strip-searches not authorized by federal law as well as compensation for the proposed class members.

The action has yet to be certified as a class proceeding and the merits of the claim have not been tested in court.

Correctional Service of Canada spokeswoman Esther Mailhot said the prison service had received the statement of claim and was reviewing it.

Strip-searches are incredible intrusions on individual liberty, said Abby Deshman, co-counsel for the class and a program director with the Canadian Civil Liberties Association.

“They must be clearly authorized and governed by law,” Deshman said. “That is not happening here.”

The statement of claim says being strip-searched was particularly traumatic for inmate Michael Farrell, one of two class representatives, because of the sexual abuse he suffered as a child.

When Farrell, 52, was forced to stand naked in front of other men, he relived the emotions of being abused as a child, such as powerlessness, humiliation and shame, the court filing says.

“These emotions occurred immediately and lingered long afterwards, with different negative feelings coming to the fore at different times. Knowing this to be the case, Mr. Farrell fears strip-searches and is anxious whenever he expects to be strip-searched in the near future.”

Kent Elson, the other co-counsel for the class, said illegal strip-searches make the public less safe.

“They psychologically scar prisoners, making rehabilitation harder and reoffending more likely.”

READ MORE: Some residents still don’t feel safe nearly one year after Greater Victoria prison escape

Jim Bronskill , The Canadian Press


Like us on Facebook and follow us on Twitter.

Canadaclass-action lawsuitprison

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

This Dec. 2, 2020, file photo provided by Johnson & Johnson shows vials of the COVID-19 vaccine in the United States. (Johnson & Johnson via AP)
Interior Health notes 80 new COVID-19 cases over the weekend

108 people in the region have died from the virus

The Fraser River is seen west of Williams Lake from Doc English Bluff Ecological Reserve. (Rebecca Dyok photo)
Tsilhqot’in National Government appeals Gibraltar Mines’ permit to discharge into Fraser River

Permit amendments fail to adequately protect the environment and human health, says TNG

The Horsefly Community Hall will be the site of a mobile vaccine clinic March 19, 2021. (Angie Mindus photo - Williams Lake Tribune)
Six COVID-19 vaccine clinics to open in Cariboo Chilcotin

100 Mile, Alexis Creek, Big Lake, Horsefly, Williams Lake and Tatla Lake

A Williams Lake area family living on Knife Creek Road lost everything to a house fire on Wednesday, March 3. (Photo submitted)
House fire destroys rural family home south of Williams Lake

The Macdonalds built their home on Knife Creek Road about 30 years ago

A special committee has been appointed to look at reforming B.C.’s police act and is inviting the public to make submissions until April 30, 2021. (Black Press media file)
Public input sought for B.C.’s police act review

Submissions will be accepted until April 30

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Montreal Canadiens right wing Paul Byron (41) fights for control of the puck with Vancouver Canucks defenceman Quinn Hughes (43) during first period NHL action in Vancouver, Monday, March 8, 2021. THE CANADIAN PRESS/Jonathan Hayward
Captain Clutch: Horvat nets shootout winner as Canucks edge Habs 2-1

Vancouver, Montreal tangle again on Wednesday

Cottonwoods Care Home in Kelowna. (Google Maps)
New COVID-19 outbreak at Kelowna care home includes fully vaccinated seniors: Henry

Two staff and 10 residents tested positive at Cottonwoods Care Centre

Excerpts from a conversation between Bria Fisher and the fake truLOCAL job. Fisher had signed a job agreement and was prepared to start work for what she thought was truLOCAL before she learned it was a scam. (Contributed)
B.C. woman warning others after losing $3,000 in job scam

Bria Fisher was hired by what she thought was a Canadian company, only to be out thousands

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix provide a regular update on the COVID-19 situation, B.C. legislature, March 2, 2020. (B.C. government)
B.C.’s COVID-19 cases: 545 Saturday, 532 Sunday, 385 Monday

Focus on Prince Rupert, Lower Mainland large workplaces

Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)
B.C. appealing decision keeping ICBC injury cases in court

David Eby vows to ‘clip wings’ of personal injury lawyers

(Black Press Media files)
Hosts charged, attendees facing COVID fines after Vancouver police bust party at condo

Police had previously received 10 complaints about that condo

Most Read