Women who were incarcerated at the Leclerc prison in Laval in conditions they describe as deplorable, including degrading strip searches and negligent and delayed health care, will be able to sue the Quebec government. Superior Court Justice Florence Lucas has just given the green light to their class action.
This will now be able to go through all the legal stages that will lead to trial.
The lawsuit is being filed on behalf of all women who have been detained at the facility since September 6, 2019.
The action is against the Ministry of Public Security, which is responsible for the incarcerated women. Various amounts, including $5 million in punitive damages, are being claimed from the ministry — and therefore from the provincial government — but the former inmates have another goal, their lawyer, M.e Clara Poissant-Lespérance during her last visit to the Court: “One of the main objectives is that things improve for the future.”
The accusations against the Leclerc establishment, detailed in the class action, are multiple.
Strip searches are systematic – and carried out in a “degrading and humiliating manner” – while other methods exist, it is denounced. This way of proceeding can be particularly traumatic for women who have suffered sexual assault and abuse, it is stressed in the class action.
In addition, it is alleged that the health of prisoners is neglected: women sometimes wait too long to access their medication – sometimes up to a week. During this time, their condition deteriorates, particularly for those taking medication for mental health problems.
Finally, according to the legal claim, the Leclerc facility is in a deplorable state. The former federal penitentiary for men had been closed by Ottawa due to dilapidation. It has since been reopened to women, who are still there.
The following examples were cited before Judge Lucas: stale air, mold, fungus, bird droppings in the cells, rats, insects, sewage backup and vomit in the search room. Vaginal infections were allegedly caused by the brownish water. These problems aggravate the health of many inmates, particularly those with respiratory problems, argued Ms.e Poissant-Lespérance. All of this constitutes violations of the fundamental rights of the detainees, including their right to security and dignity, as well as civil wrongs against them, she added.
After hearing the lawyers on both sides, Judge Lucas ruled that the facts alleged by the former detainees (they have not yet been proven) appear to justify the conclusions sought, which allows her to give the green light to the class action.
“All of the facts taken as proven raise a sufficient appearance of law to support that the deplorable state of the facilities at the Leclerc Establishment, combined with the distressing practices alleged, could lead to the conclusion that the incarcerated women are subjected to cruel and unusual treatment,” she wrote.
It could be years before this case goes to trial.