Ontario faces lawsuits over alleged inmate abuse at Milton jail

Inmates at an Ontario prison have filed lawsuits against the provincial government following “unconscionable conduct” by jail guards.

The firms representing the inmates, Goldblatt Partners and Posner Craig Stein LLP, have filed a class action lawsuit seeking $30 million in damages caused by the “unlawful conduct and wrongful acts” carried out by guards at the Maplehurst Correctional Complex in Milton, Ont.

Lawyers allege that between Dec. 22, 2023 and Dec. 24, guards carried out a coordinated operation at the direction of Maplehurst’s superintendent and others in management. The operation targeted 192 inmates in Unit 8 of the complex.

During this time, lawyers say the group of inmates was strip-searched cell by cell, had their wrists zip tied, were pepper-sprayed and beaten, along with other rights violations.

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Living conditions in Unit 8 were reportedly rendered uninhabitable during this time.

The lawsuit says the inmates were deprived of clothing, bedding, toilet paper, medical treatment, and other necessities for two days.

Temperatures in the unit were allegedly lowered to extreme cold levels by letting outdoor winter air enter the facility – all the while, inmates were deprived of clothing in their cells.

The belief is this action was taken against the incarcerated group as retaliation for the assault of a guard by an inmate on Dec. 20, 2023.

Lawyers say the majority of these inmates were awaiting trial and presumed innocent.

The lawsuit claims the abuse of these inmates constitutes multiple rights violations under the Canadian Charter of Rights and Freedoms:

• Section 7 – the right to life, liberty and security of the person
• Section 8 – the right not to be subjected to any cruel and unusual treatment or punishment

Another claim of the lawsuit is that the wrongful acts committed by the prison guards constituted “misfeasance in public office, negligence, and a breach of the fiduciary duties owed to inmates.”

The full statement of claim can be found here.

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