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A leave of appeal motion challenging the certification of a class action lawsuit involving allegations of abuse at the Manitoba Development Centre will be heard before the Court of Appeal on Oct. 14, according to the law firm representing the plaintiff.
The Manitoba Development Centre (MDC) provides housing people with developmental challenges, delays or disabilities. It has reportedly been in operation since 1890.
MDC Class Action Lawsuit Alleges Abuse
The Manitoba Development Centre class action lawsuit was initially filed in October 2018 on behalf of plaintiff David Weremy. He alleges that MDC residents were subjected to physical, sexual and psychological abuse.
“MDC was intended to provide a residential program of activity, developmental programs and adult training to individuals of all ages labeled mildly, moderately, severely and profoundly mentally challenged,” the MDC class action lawsuit alleges.
In the 1960s, MDC reportedly housed approximately 1,200 residents per year. In 2018, MDC reportedly housed around 160 residents. Many residents of MDC reside there permanently.
“All material aspects of MDC residents’ lives were dictated, controlled and provided for by the Crown,” the Manitoba Development Centre class action lawsuit states. “Individuals at MDC had virtually no control over any material aspect of their lives.”
“The opportunities to make choices or provide any input into their daily lives were extremely limited if not non-existent. The vulnerability of these individuals as a result of their placement in the institution was further compounded by virtue of their being disabled.”
Class Action Lawsuit: MDC Failed to Protect Residents
According to the MDC class action lawsuit, the MDC failed to provide adequate care for its residents, causing them to suffer psychological trauma, loss of enjoyment of life, and pain and suffering.
David points to several reports over the past five decades that raised serious concerns about the conditions at MDC.
In 1973, a report sponsored by the Department of Health and Social Development provided a “scathing indictment” of large institutions for people with developmental disabilities in Manitoba.
Its criticisms of MDC included concerns of overcrowding, inadequate plumbing, understaffing, lack of qualified personnel, lack of privacy, and inadequacy of the infirmary and medical ward.
In 1987, the 17th Annual Report of the Manitoba Ombudsman concluded that MDC was undesirable for the residents and had issues with the standard of care it provided. This Ombudsman report noted that there were a concerning number of unexplained injuries, and one injury that resulted in a resident’s death had been linked to the staffing level at the facility.
“However, notwithstanding various reports on the conditions and failures of residential care at MDC and various recommendations, no adequate internal safeguards were put into place to improve the quality of care or living at MDC,” the class action lawsuit Canada states.
David alleges that the Crown failed to act appropriately to present or report the known abuse that was occurring at the facility.
The MDC class action lawsuit includes allegations of negligence and breach of fiduciary duty against the Government of Manitoba.
David accuses the Manitoba government of failing to control its personnel, encouraging physical and psychological intimacy between its personnel and MDC residents, and failing to stop assaults perpetrated by MDC residents upon other residents.
David’s Experiences at Manitoba Development Centre
According to the MDC class action lawsuit, David was born with an intellectual disability and was admitted as a resident to the Manitoba Developmental Centre when he was about 14 years old. He lived at MDC for about 15 years, and then he resided at the facility on and off until 1977.
During his time at MDC, he was reportedly sexually assaulted by other residents and witnessed sexual and physical assaults by residents on other residents. He says the MDC staff were aware of the assaults but failed to take steps to stop them from happening.
David also says he was repeatedly hit by staff members. On one occasion, he was injured when he was assaulted by a staff member in the shower.
He says he tried to escape on nine separate occasions. When he was returned to the MDC, he says he was forced to sleep naked on the floor without a mattress.
Manitoba Fights Class Action Lawsuit Certification
On May 29, the MDC lawsuit was certified as a class action lawsuit. Class Members include anyone who resided at MDC between July 1, 1951 and May 29, 2020, and who were alive as of Oct. 31, 2016.
The Government of Manitoba subsequently sought leave to appeal the MDC class action lawsuit certification. The Court of Appeal will hold a hearing on this motion on Oct. 14 and subsequently decide whether Manitoba’s appeal will be allowed to proceed.
What do you think about the allegations in the Manitoba Developmental Centre class action lawsuit? Tell us your thoughts in the comment section below!
David is represented by David Rosenfeld and Nathalie Gondek of Koskie Minsky LLP.
The Manitoba Development Centre Class Action Lawsuit is David Weremy v. The Government of Manitoba, Case No. CI18-01-17220, in the Court of Queen’s Bench of Manitoba, Canada.
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