Louise Henry, an ex-convict, filed Thursday with the court a request to exercise a class action against the Quebec government for the treatment that she considers inhuman at the Leclerc prison in Laval, among other things because of strip searches. considered abusive.
This request to the courts comes after public denunciations by the Québec Ombudsman and organizations concerned about the conditions of incarceration in this women’s prison.
The class action targets all women who have been detained at the Leclerc Detention Facility in Laval since September 6, 2019.
“All the women detained at Leclerc are victims of violations of their fundamental rights”, one can read. In particular, all are victims of the systematic use of abusive strip searches.
Similarly, it is alleged that “the institutional neglect at Leclerc generates systemic problems of access to health care, more particularly to medication, feminine hygiene products and health professionals”.
The plaintiff argues that the impugned practices constitute civil faults having caused serious harm.
“These unacceptable practices, combined with the inappropriate nature of the premises for women and the unsanitary and dilapidated state of the establishment, make incarceration at Leclerc cruel and unusual treatment for any woman detained there”, in contravention of the Canadian Charter of Rights and Freedoms and at the Charter of Human Rights and Freedoms.
Mme Henry was incarcerated at Leclerc Institution twice between 2017 and 2020. She says she is deeply marked by her detention in this prison. Since her release, she has fought for the respect of the fundamental rights of women detained at Leclerc and she has notably signed a book on the question.
The Québec Ombudsman in the file for a long time
In May 2021, the Québec Ombudsman wrote that it had received a complaint that a person incarcerated at Leclerc Institution had undergone 24 strip searches in just four days.
After investigation, the Québec Ombudsman learned that the person was suspected of hiding a contraband and had been placed in preventive isolation, as required by procedure. “Staff conduct a strip search, but cannot find the object in question,” reads the agency’s report.
“The isolation of the incarcerated person lasts several days. During this period, staff conduct further strip searches, sometimes even overnight. In total, the incarcerated person was searched 24 times in four days. »
The Québec Ombudsman then obtained an internal document from the Leclerc establishment concerning inmates suspected of hiding prohibited items. According to this document, “those targeted were to be systematically strip-searched every four hours. In addition, staff could require them to do squats squats “). They then had to remain in this position for 10 seconds”.
“The internal document suggested abusive practices undermining the dignity of incarcerated persons,” said the Québec Ombudsman.
After several interventions on his part, “the establishment agreed to modify the document, wrote the Québec Ombudsman in 2021. From now on, it is provided that strip searches must be carried out in such a way as to respect human dignity. They must not be abusive or practiced without a valid reason. »