PENITENTIARIES

Action for damages resulting from alleged violations of Corrections and Conditional Release Act, ss. 51, 52—Alleged violations stemming from fruitless search of plaintiff for drugs—Plaintiff’s consent to X‑ray, cavity searches obtained illegally—Defendant’s operational decisions, procedures also amounting to negligence causing plaintiff considerable prejudice, incompatible with duty of care imposed by Act, s. 70—Action allowed, damages assessed at $10,000 plus $3,500 for costs— Corrections and Conditional Release Act, S.C. 1992, c. 20, ss. 51, 52, 70 (as am. by S.C. 1995, c. 42, s. 17(F)).

Curry v. Canada (T‑712‑04, 2006 FC 63, Beaudry J., judgment dated 24/1/06, 13 pp.)