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.
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.