B.C. Supreme Court Certifies Class-Action Lawsuit Alleging Decades of Prison Guard Sexual Assaults
The British Columbia Supreme Court has granted certification to a significant class-action lawsuit that accuses the provincial government of ignoring reports about a prison guard who allegedly sexually assaulted more than 200 inmates over a twenty-year period. This legal action, which represents potentially hundreds of former inmates, can now proceed following this week's court ruling.
Details of the Lawsuit and Certification
The lawsuit names former corrections officer Roderic MacDougall and the Province of British Columbia as defendants, seeking damages on behalf of inmates who claim they were sexually assaulted by MacDougall during his employment. According to court documents, MacDougall worked at four different B.C. prisons between 1976 and 1996, with the majority of his tenure spent at Oakalla Prison in Burnaby.
The certification order was consented to by lawyers representing the province during a hearing on Monday, as confirmed by plaintiffs' lawyer Saro Turner on Wednesday. This development allows the Slater Vecchio law firm to begin notifying potential class members through various channels, including media outreach, internet announcements, and direct contact with known victims.
Scope and Challenges of the Case
Turner revealed that more than 500 former inmates have already contacted the law firm, with approximately 200 meeting the necessary requirements to join the lawsuit. However, the ultimate number of participants remains uncertain, as any potential victim retains the right to opt out of the class-action to potentially pursue individual legal action.
"It's very difficult for many of these men to come forward to talk about what happened to them," Turner explained, highlighting the challenges in estimating the lawsuit's eventual size. Dozens of individual lawsuits have previously been filed against MacDougall over the years.
Allegations Against MacDougall and the Province
The lawsuit contains disturbing allegations that MacDougall engaged in various forms of sexual assault against inmates, including inappropriate touching, forced oral sex, and forced anal penetration. More significantly, the legal action claims provincial authorities failed to protect inmates despite having what the lawsuit describes as "ample credible evidence about MacDougall's recurrent sexual misconduct."
The legal filing asserts that "the provincial Crown repeatedly chose not to protect the plaintiff and class members from a serial sexual predator for a period of more than two decades." The lawsuit alleges the province is vicariously liable for the assaults and was negligent in its duty to protect inmates, particularly after receiving reports from other guards who had advised management about MacDougall's behavior.
Background on the Defendant
MacDougall, believed to be in his seventies and residing in Metro Vancouver, has faced multiple legal challenges over the years. He was criminally charged in 1998, the year following his resignation from the corrections department. At a 2022 criminal trial, MacDougall maintained his innocence but was convicted of sexual assault, indecent assault, and extortion related to five teenage inmates during the 1980s.
According to Turner, the defendant has frequently failed to respond to many of the lawsuits filed against him over the years. A mediation hearing has been scheduled for the fall as the class-action moves forward.
Important Note: None of the allegations contained within the lawsuit have been proven in court. The certification simply allows the legal process to proceed with notifying potential class members and preparing for further proceedings.
