Quebec Federal Inmate Files Class Action Lawsuit After Contracting COVID-19

An inmate at the federal women’s prison in Joliette, Quebec has filed a class action lawsuit after she contracted COVID-19.

Plaintiff Joelle Beaulieu says Correctional Service Canada and federal prison officials failed to implement timely protective measures at its correctional facilities.

Joelle filed the prison inmate class action lawsuit on Monday on behalf of all federal inmates who have been incarcerated in Quebec since March 13. She believes she is “Patient Zero” at the federal women’s prison.

According to Joelle, she was housed in the prison for approximately a year. She believes she was exposed to the novel coronavirus while she was cleaning the facility. She claims she asked for personal protective equipment such as gloves and a mask to limit her potential exposure, but her request was denied.

Joelle says she began exhibiting symptoms of COVID-19 but was not immediately tested for the disease. She also was not provided with adequate help and care when she was sick, the Quebec federal inmate class action lawsuit alleges.

“The applicant, Ms. Beaulieu, felt diminished and discredited,” the Quebec inmate class action lawsuit says. “She felt that she had been overlooked by prison authorities and that her life was of little value to them.”

Of 114 confirmed COVID-19 cases in Quebec, 51 were at the federal women’s prison in Joliette. Only 80 inmates are currently incarcerated at the women’s prison, meaning that approximately 60 percent of the prisoners are infected. However, the number of infected women could actually be higher due to delays in receiving test results.

The Quebec federal inmate class action lawsuit seeks $100 per day for all federal inmates since a national emergency was declared on March 13, plus an additional $500 for inmates who have contracted COVID-19.

Concerns about the spread of COVID-19 in prisons are not specific to Canada. Two inmates in Texas recently filed a class action lawsuit over the lack of protection for inmates during the COVID-19 pandemic. Specifically, the inmates take issue with the lack of hand soap and hand sanitizer available to them, which puts them at an increased risk of infection.

First Federal Inmate Dies of COVID-19 Complications

An inmate at the Mission Institution in British Columbia has died from complications related to COVID-19, the Correctional Service of Canada has reported.

The Mission Institution so far has been one of the hardest-hit prisons during the COVID-19 pandemic. Last week, there were 54 inmates and eight correctional officers at the medium-security prison who tested positive for the novel coronavirus, according to the National Post.

The inmate’s death was the first COVID-19 related death among federally sentenced inmates in Canada.

“Given the size of the inmate population it was almost inevitable, but it doesn’t make it any less tragic,” said John Hale, the vice president of the Criminal Lawyers’ Association.

Calls to release some offenders have been growing as the COVID-19 crisis spreads within Canada’s prisons. Prisons are a uniquely challenging environment because inmates are unable to physically distance themselves from other inmates, they lack the ability to practice frequent handwashing with soap and water, and they often don’t have access to good health care in the facilities. Once an inmate or correctional officer in a prison contracts the highly-contagious novel coronavirus, everyone in the facility is at risk.

Advocacy groups have been calling for the release of low-risk and nonviolent offenders, as well as those who have nearly completed their prison sentences. They are also calling for the safe release of groups who are most vulnerable to COVID-19, including those with compromised immune systems, pregnant women, and inmates who are older than 50.

Prisons have already taken some steps to curb the spread of COVID-19. They have limited most visitation to phone calls and video.

Canada’s COVID-19 Legal Issues

Prisons are far from the only industry adversely affected by the COVID-19 pandemic. The COVID-19 crisis has brought forth a number of legal issues in Canada including fraudulent respirators, the sale of unauthorized health products, airlines allegedly refusing to issue refunds for cancelled flights, dangers of homemade hand sanitizers, insurance companies failing to pay claims for losses related to the pandemic, privacy concerns related to Canada’s COVID-19 response, legal risks related to layoffs, and allegations of price-fixing during the pandemic.

New legal issues related to the COVID-19 pandemic continue to develop as businesses and industries attempt to adapt to the new reality. Top Class Actions is reporting on all of the latest COVID-19 developments in Canada.

What do you think about this federal inmate class action lawsuit? Should prisons be doing more to protect inmates amid the COVID-19 pandemic? Tell us your thoughts in the comment section below! 

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