Nurse v. Canada
T-2565-93
Campbell J.
28/5/97
17 pp.
Tort action for illegal detention, negligent planning, execution of raid to search trailer in which plaintiff, children enjoying conjugal visit with inmate husband for contraband-Classification officer obtaining permission by telephone to enter trailer, have husband sign forms-Upon gaining entry, two male staff members restraining husband-Two female staff members confronting naked plaintiff in bathroom-Plaintiff handcuffed, clothed, taken to living room while search of trailer conducted-Necessary for female staff member to hold plaintiff by wrist to cuff her-Purpose of laying on of hands, cuffing, to communicate to plaintiff in immediate custody, control of female staff members to facilitate strip search-Custody, control continuing as taken to living room after concluding strip search unnecessary-Penitentiary Service Regulations, s. 41 permitting search of any visitor where reason to believe in possession of contraband, and if visitor refusing to be searched shall be refused admission to, or escorted from, institution-Commissioner's Directive 571, s. 15 providing visitors may be requested to submit to frisk or strip search when reason to believe in possession of contraband-Consistent with Regulations, s. 41-Visitor's consent required to search visitor for contraband on grounds not warranting arrest-S. 18 specifying manner in which visitors who have been placed under arrest may be searched-S. 18 search order only properly given after arrest-Acknowledgement and consent form signed by plaintiff to gain visiting privileges not prior consent to any actions taken with respect to plaintiff during raid-Warden had no authority to order search of plaintiff's person since not under arrest-Aggressive, authoritarian conduct by female staff members unauthorized-Plaintiff not given real opportunity to consent to actions concerning her in trailer-Cuffing, laying on of hands, done without authority, consent-Assault committed on plaintiff by confronting, dealing with her in aggressive, authoritative way, thereby intentionally creating apprehension of offensive contact, i.e. threat of strip search-Custody, control exerted over plaintiff to facilitate strip search, continuing in living room, constituting false imprisonment-Plans for raid carefully prepared in sophisticated, professional manner-Plan efficiently, professionally executed-Insufficient evidence to support allegation of negligence-No evidence of conduct warranting punitive damages i.e. because of harsh, vindictive, reprehensible, malicious nature-As plaintiff suffering only short-term trauma for shock, embarrassment of incident, no greater impact sustained, general damages of $5,000 awarded-Penitentiary Service Regulations, C.R.C., c. 1251, s. 41 (as am. by SOR/80-462, s. 1).