Federal inmates file class-action lawsuit claiming mistreatment during pandemic

Incarcerated individuals in federal institutions in British Columbia are pursuing legal action against the federal government, alleging mistreatment during the COVID-19 pandemic. The British Columbia Supreme Court has approved the inmates’ lawsuit to proceed as a class-action lawsuit. In their claims, the prisoners argue that they endured “inhumane rights restrictions” amid the pandemic, including prolonged confinement in their cells for more than 20 hours a day without meaningful interaction with others.

Dean Roberts, one of the plaintiffs and a convicted multiple murderer serving time at Mission Institution in B.C., highlighted the chaos that ensued during the pandemic. The measures implemented in response to the pandemic led some prisoners to feelings of despair, with one individual reportedly sewing his lips shut in protest. The Attorney General of Canada initially opposed certifying the lawsuit as a class action, contending that the Correctional Service of Canada’s actions were justified as necessary public health measures due to the unprecedented and unexpected nature of the pandemic.

The court dismissed the government’s arguments, emphasizing that the issues surrounding the pandemic’s impact on inmates and the appropriateness of the response should be addressed through a trial. Justice Michael Tammen, in his ruling, acknowledged the significant challenges faced by incarcerated individuals in pursuing legal action individually due to financial constraints, underscoring the necessity of class actions as a viable means for inmates to challenge their confinement conditions legally.

Patrick Dudding, the inmates’ lawyer, expressed his approval of the court’s decision to certify the class action. He and his team are now focused on reaching out to current and former inmates to encourage them to join the class, potentially involving thousands of individuals. The lawsuit was initially filed in 2020, with the court’s recent ruling paving the way for inmates to collectively seek justice for the alleged mistreatment they faced during the pandemic.

The class-action lawsuit signifies a milestone in the inmates’ quest for accountability and justice. By banding together as a group, they hope to shed light on the challenges they endured and hold the federal government accountable for its actions during the pandemic. The legal process offers the incarcerated individuals an avenue to address the alleged violations of their rights and seek restitution for the suffering they experienced.

With the court’s approval, the lawsuit is set to progress, with the potential to make a significant impact on how incarcerated individuals are treated during public health emergencies. The legal battle ahead promises to be a complex and arduous journey for both the prisoners and the government as they navigate the intricacies of the legal system in pursuit of justice and accountability for the mistreatment experienced by the inmates during the pandemic.