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

Almost 400 new child care spaces for the Fraser Valley. (Thinkstock Image)
Child-care spaces boosted by provincial fund across the Fraser Valley

400 licensed child-care spaces coming for Abbotsford, Chilliwack, Mission, and Maple Ridge families

Police seized drugs and a makeshift garrote. (Ridge Meadows RCMP/Special to The News)
Police seized drugs and a makeshift garrote. (Ridge Meadows RCMP/Special to The News)
Maple Ridge police arrest man with drugs, strangling weapon

Ridge Meadows RCMP street team stopped suspect for driving while prohibited

First responders were called to the 24600-block of 100th Avenue in Maple Ridge around 8:15 p.m on Tuesday, March 2, 2021 to crash. (Curtis Kreklau/Special to The News)
Rollover crash in Maple Ridge sends 17-year-old to hospital

First responders were called to the Albion neighbourhood Tuesday night

Food For The Soul Project Society raised $4,960 during the Coldest Night of the Year event on Feb. 20. (Coldest Night of the Year/Special to The News)
Maple Ridge charity raises thousands at Coldest Night of the Year walk

Food For The Soul Project Society raised $4,960 for their food program

COVID-19. (Pixabay)
Seven Maple Ridge-Pitt Meadows schools exposed to COVID-19 in two weeks

Fairview elementary most recently added to list

Emergency crews are on scene at Walnut Grove Secondary School for what Langley RCMP are calling a “serious incident” on March, 3, 2021. The school has been evacuated. (Matthew Claxton/Langley Advance Times)
Langley high school evacuated after ‘a possible threat,’ district says

Police are asking the public to avoid 88th Avenue and Walnut Grove Drive

A vial of Oxford-AstraZeneca COVID-19 vaccine is pictured at a family doctor office, Thursday, Feb. 25, 2021 in Paris. THE CANADIAN PRESS/AP -Christophe Ena
Trudeau ‘optimistic’ that timeline for rollout of COVID vaccines can be accelerated

Canada set to receive more than 6M COVID-19 vaccine dose than initially expected, by end of March

BC Human Rights Tribunal. (The Canadian Press)
Human rights tribunal rejects complaint against Surrey brewery

Tribunal dismisses former worker’s claim he was bullied because of his ethnicity

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

Beginning late Tuesday, anti-pipeline protesters blocked the intersection of Hastings Street and Clark Drive in Vancouver. (Instagram/Braidedwarriors)
Demonstrators block key access to Vancouver port over jail for pipeline protester

They group is protesting a 90-day jail sentence handed to a fellow anti-pipeline protester

Two Vancouver police officers were struck by a car when the driver learned he was being arrested for allegedly using a fraudulent credit card to pay for food. (Vancouver Police Department)
Driver being arrested for alleged food order fraud rams Vancouver police with car

Two officers are in stable condition, suffering with soft tissue injuries following the incident

A discarded blue surgical mask is shown hanging in a bush in Montreal, Sunday, Dec. 6, 2020, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
B.C. RMT suspended for not wearing a mask after confirmed by undercover clients

College of Massage Therapists has 5 open files, said suspension necessary to protect public

Most Read