A prisoner assaulted by a correctional officer at the Saskatchewan Penitentiary six years ago receives $65,000 in damages from Federal Court. Kelsey Stewart sued the federal government for $240,000 to compensate for his injuries and prevent future incidents.
Details of the Incident
On February 4, 2020, around 10:15 a.m., three guards instructed Stewart, a medium-security inmate, to exit his cell for a routine search. After brief hesitation, Stewart complied, backing out with hands raised behind his head.
One guard placed hands near Stewart’s armpits to guide him through the door. Suddenly, the guard slammed Stewart hard against the cell door. The guard’s report claimed Stewart turned violently, but video evidence shows minimal movement.
Federal Court Justice William F. Pentney stated, “You started to lower your hands and put them behind your back, so when he pushed you against the cell door you had no way to protect your face from hitting the bars.”
Another guard then applied a wrist lock on Stewart’s right arm while the first guard pinned him. The situation calmed shortly after, allowing a pat-down search and relocation during the cell inspection.
Injuries and Medical Assessment
A nurse conducted a post-incident interview around 2 p.m., revealing cuts near Stewart’s right eyebrow and cheek, scratches, and swelling on the left side of his face near the mouth. Stewart reported being punched on that side.
The nurse glued the eyebrow cut, which later required stitches. Stewart visited an eye specialist for blurry vision, which normalized by the second appointment.
Justice Pentney reviewed surveillance videos extensively. While unclear on exact actions, he concluded the guard applied additional force to Stewart’s left face after pinning him, causing the swelling. “Whatever happened, I find that the injuries to both sides of your face were caused by an unjustified and unlawful use of force,” Pentney ruled.
Court Ruling and Damages
The Attorney General of Canada, representing Correctional Service Canada, admitted the force was disproportionate and offered $5,000 to $15,000. Pentney rejected this, awarding $50,000 for battery and $15,000 for violating Stewart’s Charter right to security of the person.
The judge emphasized Stewart’s vulnerability as an inmate and lack of provocation. “Part of the reason I chose that amount is that you experienced immediate and some continuing pain and suffering,” Pentney noted.
Additional awards include $9,000 for legal costs and $1,246 in disbursements. Pentney declined broader recommendations on correctional practices due to insufficient evidence.
