Canadian Prisoner Sues Attorney General Alleging Culture of Sexual Assault in Prisons

The Attorney General of Canada is responsible for systemic failures in the correctional system that have failed to prevent and resolve sexual abuse against female prisoners, a new lawsuit claims.

The nationwide class action lawsuit was filed in the Supreme Court of Nova Scotia last Wednesday by former inmate Sara Tessier, 46, who was allegedly sexually assaulted in 2018 by a correctional officer at the Nova Institution for Women in Truro.

Federal Attorney General David Lametti, the top person in charge of overseeing, operating and maintaining federal correctional facilities in Canada, is the named defendant in the case.

Federal women’s prisons run by the Correctional Service of Canada largely “condone and encourage” a sexualized and discriminatory culture that have failed to prevent sexual misconduct, and led to Tessier’s assault, the class action lawsuit alleges.

This misconduct often happened under the guise of a prisoner being in an intimate relationship with a correctional officer, and included the exchange of items or privileges for sex, the lawsuit said.

The culture of sexual abuse is layered through suggestive language, gestures, sexual contact, unreasonable invasion of privacy, illegal strip searches and inappropriate relationships between prisoners and their guards.

Tessier said she and other female, transgender, non-binary and Two Spirit victims have suffered “serious physical and psychological damages” including expenses and loss of income due to the Attorney General’s breach of its duty of care and trust.

Lametti is being sued for systemic negligence, breach of fiduciary duty, and breaches of Charter rights including the right to life, liberty and security and the right to not be subject to any cruel and unusual punishment. 

The lawsuit alleges the Attorney General didn’t properly supervise correctional staff to prevent Tessier and others being sexually assaulted, and didn’t establish and maintain adequate policies to ensure the women’s safety. 

Neither did they properly investigate allegations of sexual assault — instead women were allegedly retaliated against when they complained.

The lawsuit says Tessier and others were subjected to a “culture that normalized the occurrence of sexual assault.” 

It said victims had suffered assault, emotional and psychological harm that had hurt their ability to transition into a normal family or work life, sometimes leading to substance abuse and the need for ongoing treatment for the harm.

Tessier seeks to represent a Class of prisoners in Canadian women’s federal correctional institutions who have been subjected to the threat of sexual assault, misconduct or discrimination by correctional staff. 

The lawsuit is seeking certification of the Class, interest, costs and damages.

If you or a loved one was sexually abused or assaulted at church, school or daycare, OR while participating in a youth program, you may be able to participate in a lawsuit investigation. Click here for more details. 

What do you make of the lawsuit alleging sexual assault against prisoners in federal institutions? Let us know in the comments. 

The plaintiffs are represented by Michael Dull from Valent Legal. 

The Correctional Services of Canada Sexual Assault Class Action Lawsuit is Tessier et. al. v. The Attorney General of Canada, Case No. 504765, in the Supreme Court of Nova Scotia.

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