Saskatchewan Prisoner Awarded $65,000 for Assault by Correctional Officer
A federal court has awarded $65,000 in damages to a man who was assaulted by a guard while incarcerated at the Saskatchewan Penitentiary six years ago. The ruling comes after Kelsey Stewart sought $240,000 from the federal government for injuries sustained during the incident, which occurred in February 2020.
Judge Condemns Excessive Use of Force
Federal Court Justice William F. Pentney delivered a scathing assessment of the guard's actions in his recent decision. "The guard had no good reason to slam you against the cell door so hard," Pentney wrote, addressing Stewart directly in the judgment. "He is much bigger than you, and you had your back to him with your hands up by your head."
The Attorney General of Canada, representing Correctional Service Canada, had admitted that the force used during the incident was disproportionate but proposed a settlement between $5,000 and $15,000. Justice Pentney rejected this amount as insufficient given the severity of the assault and Stewart's injuries.
Violent Incident During Routine Cell Search
The assault occurred on February 4, 2020, when three guards approached Stewart's cell for a routine search around 10:15 a.m. Initially reluctant, Stewart eventually agreed to comply and began backing out of his cell with his hands behind his head.
According to the court's findings:
- As Stewart reached the cell doorway, one guard suddenly slammed him hard against the cell door
- The guard claimed Stewart "turned violently" toward him, but video evidence contradicted this account
- Stewart had no opportunity to protect his face from hitting the bars on the door
- Two other guards participated in restraining Stewart after the initial assault
Justice Pentney noted that Stewart "did not look threatening in any way" during the incident and was facing away from the guards with his hands positioned non-threateningly.
Significant Injuries Documented
A nurse who visited Stewart's cell around 2 p.m. that afternoon documented substantial injuries resulting from the assault:
- A cut by his right eyebrow that required stitches after initially being glued
- A cut on his right cheek with additional scratches
- Significant swelling on the left side of his face near his mouth
- Temporary blurry vision that required consultation with an eye specialist
Stewart reported to the nurse that he had been punched on the swollen side of his face. His vision returned to normal by his second appointment with the eye doctor.
Broader Implications for Prisoner Rights
The $65,000 award represents a substantial victory for prisoner rights advocates and sends a clear message about accountability for correctional staff misconduct. Justice Pentney's decision emphasizes that even within prison environments, excessive force cannot be justified without proper cause.
The ruling comes amid growing concerns about prison violence across Canada, with recent reports indicating increasing incidents within correctional facilities. This case establishes important precedent regarding appropriate compensation for prisoners subjected to unjustified physical force by those entrusted with their custody.
While the federal government acknowledged the disproportionate use of force, the significant disparity between their proposed settlement and the final award highlights ongoing tensions between prisoner rights and institutional accountability within Canada's correctional system.
