Sask. Pen inmate awarded $65,000 for assault by correctional officer

“Once you were in the cell doorway, [the CO} suddenly slammed you – hard – against the cell door. The guards said he did this because you started to turn, and [the CO] wanted to keep you from doing that. [The CO] said you turned violently towards him. Based on the video evidence, I don’t believe that you turned violently or really that you turned much, if at all,” Justice Pentey stated.

As Stewart had by now lowered his hands and put them behind his back, he had no way to protect his face from hitting the bars on the door.

“At that point you did not look threatening in any way; you were still facing the back of your cell and the guards were behind you,” Pentey said.

As things calmed down Stewart was released and moved to another cell. After the guards searched his cell, he was then allowed to return to his own cell.

“The CO had no good reason to slam you against the cell door so hard.”

As a result of the incident, Stewart incurred injuries to the right and left sides of his face including a cut by his eyebrow which required stitches.

Stewart also claimed he had been punched in the face, but Justice Pentey said the video evidence did not support that.

During the trial, one of the COs present testified Stewart initially resisted the direction to leave his cell, and even after physically cooperating, still expressed verbal resistance.

The CO also stated he was concerned that Stewart would turn around and spit at the guards and that was why extra steps were taken to restrain him including use of a wrist lock.

Another CO who witnessed the incident testified he saw Stewart trying to turn around which caused the other CO to use physical force to pin him against the cell door. He testified that after Stewart was pinned against the door, he heard the other CO say “I told you not to turn around.”

“I cannot make a general finding that CSC needs to change its discipline approach or take other steps to prevent CO Anderson from continuing to have contact with inmates,” Justice Pentey stated. “The evidence just does not support that. What I can do is recognize that the harm you experienced was made worse because of your situation as an inmate, subject to the authority of COs. That made you vulnerable to the assault by [the CO]. I also find that you did not provoke the attack and there appears to be no justification for such a sudden and violent action against you.”

Pentey explained that from the total $65,000 that was awarded, $15,000 was for the purpose of vindicating the importance of security of the person guaranteed by section seven of the Charter.

While it’s not clear if Stewart remains an inmate at Sask. Pen, in late 2022 he received a three-and-a half year sentence for entering a convenience store with a loaded shotgun. He also has a prior conviction for an assault that occurred at the Prince Albert Correctional Centre in 2016.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

by Nigel Maxwell

Sask. Pen inmate awarded $65,000 for assault by correctional officer

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