Anne Bucher  |  March 11, 2022

Category: Jail/Prison

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Police officers locks the door in prison corridor.
(Photo credit: MikeDotta/Shutterstock)

Canadian Prison Guard Class Action Lawsuit Overview:

  • Who: Two female corrections officers filed a class action lawsuit against the Correctional Service of Canada (CSC).
  • Why: They claim the CSC fosters a “toxic, misogynistic culture” that allows gender-based discrimination, sexual harassment and discrimination to occur without providing adequate recourse for those affected.
  • Where: The gender-based discrimination class action lawsuit is pending in the Federal Court of Canada.

A pair of female corrections officers have launched a class action lawsuit against the Correctional Service of Canada (CSC) for allegedly fostering a “toxic, misogynistic culture” that allowed gender-based discrimination, sexual harassment and discrimination to affect the workplace.

According to their statement of claim, which was originally filed in March 2021, the CSC also facilitated an environment that encouraged female employees to remain silent about the harassment and abuse they endured.

“Through its conduct, the Crown taught female employees to stay silent in the face of terror or they would be punished and face reprisals,” the CSC class action lawsuit alleges.

Plaintiffs Sharlene Hudson and Brinda Wilson-Demuth allege that female employees were subjected to “persistent, widespread and pervasive” discrimination, harassment, sexual assault, sexual violence, threats of violence, physical assault and retaliatory abuse.

CSC Class Action Says Female Employees’ Complaints Were Inadequately Investigated

The CSC class action lawsuit says this discrimination was systemic and occurred over several decades in CSC workplaces, including correctional institutions, throughout Canada.

The internal dispute resolution processes were allegedly inadequate and ineffective to deal with the complaints from female employees.

“The internal recourses were ineffective because they were dependent on the ‘chain of command,’ comprised of individuals who abused their power and who were either responsible for the offending behaviour or who acted to protect other perpetrators,” the CSC class action lawsuit says.

The plaintiffs claim that complaints were inadequately investigated and routinely determined to be unfounded.

Hudson alleges she was subjected to sexual and physical abuse. She says male peers exposed their genitals to her and attempted to engage in sexual activities with her. When she met with the CSC’s deputy commissioner in 2018 to complain about the harassment she experienced, he allegedly was not interested in addressing her concerns.

Wilson-Demuth claims she was told by the CSC commissioner that female employees were “expected to put up with a fair amount of abuse.”

As a result of this misogynistic culture and discrimination to which female employees were allegedly subjected, their careers were limited and their earning capacity diminished. Many potential class members suffered harm, including post-traumatic stress disorder and major depression, the CSC class action lawsuit alleges.

“No amount of money can compensate these women for the harms that they’ve endured, but this action gives a voice to their experiences,” lawyer Angela Bespflug said of her clients’ lawsuit. “The harms that these women have experienced cannot be tolerated in any workplace in Canada, and certainly not in a Government of Canada workplace. The culture at corrections is the antithesis of gender equality.”

What do you think about the allegations that CSC fosters a “toxic, misogynistic culture” at its correctional facilities? Join the discussion in the comments section below

The plaintiffs are represented by Angela Bespflug and Janelle O’Connor of Murphy Battista LLP.

The Canadian Prison Guard Class Action Lawsuit is Sharlene Hudson, et al. v. Her Majesty the Queen in the Federal Court of Canada


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