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

Just Posted

The Co-op gas station at Whiskey Creek is burning after a camper van burst into flames just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Timmy Masso smiles alongside his niece Huumiis and nephew Cinkwa. (Submitted photo)
Ucluelet Secondary School graduate earns TD Scholarship for Community Leadership

Timmy Masso’s passionate advocacy of the Nuu-chah-nulth language leads to $70K scholarship

Two ambulances and a medevac helicopter are on scene at Taylor River Flats rest area on Highway 4 due to a serious motor vehicle incident. (PHOTO COURTESY MAGGIE BROWN)
Highway 4 reopens after accident at Taylor River Flats

Multi-vehicle crash had closed highway to west coast

Grade 12 graduates Jada Touchie, Timothy Masso and Brendan Brown are all smiles after receiving their Goodies for the Grads gift packs thanks to a small neighbourhood grant from the Clayoquot Biosphere Trust. (Nora O’Malley photo)
Ucluelet Secondary School grads set to parade through town

Family and friends can cheer on the Class of 2021 this Saturday, June 19 at 4:30 p.m.

From left, Ahousaht First Nation Hereditary Chief Richard George presents a $10,000 cheque to Tofino Hatchery manager Doug Palfrey alongside Tyler Huebner of TCH Contracting The funds will go towards rebuilding Cypre river Chinook. (Carallyn Bowes photo)
Tofino Hatchery receives $10K donation

Tofino Salmon Enhancement Society tackling massive drop in Chinook salmon stocks

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

Helen Austin performing with Trent Freeman at the 2018 Vancouver Island MusicFest. Austin is one of the many performers listed for the 2021 event.
Vancouver Island MusicFest goes virtual for 2021

Black Press to stream 25 hours of programming July 9-11

Greater father involvement in the home leads to improved childhood development and increased marital satisfaction, says expert. (Black Press Media file photo)
Vancouver Island researcher finds lack of father involvement a drag on gender equality

Working women still taking on most child and household duties in Canada: UVic professor

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

Most Read