Pubdate: Fri, 27 Feb 2015
Source: Chronicle Herald (CN NS)
Copyright: 2015 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180

COURT OKS PATIENTS' CLASS ACTION IN STRIP-SEARCH CASE

Mark Jason Murray claims being strip-searched when he was a 
psychiatric patient at East Coast Forensic Hospital was degrading and 
violated his charter rights.

"It was very shocking, to say the least," said Murray, 40. "It was 
very traumatizing, and it was also very confusing and disorienting."

The Halifax man is the representative plaintiff in a class action 
against Capital district health authority on behalf of 33 patients 
who allege their rights were violated when they were all 
strip-searched at East Coast Forensic Hospital on Oct. 16, 2012.

In a decision released Thursday, Justice Denise Boudreau of Nova 
Scotia Supreme Court gave the group the green light to move ahead 
with a class action.

"I agree that access to justice is a significant consideration in the 
present case. Such has been recognized as an important goal of class 
proceedings," Boudreau wrote in a 34-page decision certifying the class action.

"The evidence shows that strip searches have occurred in this 
facility before, and one presumes, will occur again. If the searches 
performed here are ultimately found to be unconstitutional, and/or a 
violation of patients' privacy, such would then allow the defendant 
to modify their practices accordingly."

Murray said he still has flashbacks about being forced to take his 
clothes off in front of two correctional officers. He said he was 
never asked if he had anything in his possession or told why they 
were searching him.

"If you're in there, you are disabled at that point, or pretty much. 
It is not a very good thing to have happen to you."

He was the first of 33 patients allegedly strip-searched that day as 
part of a mass search for illicit drugs in the facility.

Halifax lawyer Michael Dull, who represents the group, said he is 
"extremely pleased" with the court decision.

"It is a precedent-setting case," Dull said. "It is not just good for 
this case, but it is good for all future groups who collectively 
allege a breach of their charter (rights).

"It is also important to these particular victims of an alleged 
charter breach. Because of their personal circumstances, this is 
really the only way they can access the courts."

None of the allegations have been proven in court.

Health authority officials will not comment while the case is before 
the courts, spokesman Everton McLean said Thursday.

In her decision, Boudreau recounted evidence put forward by Brenda 
Mate, who oversees the rehabilitation side of forensic hospital, 
including two units of 30 beds.

All the patients in that area, including the 33 in question, had been 
been found not criminally responsible or unfit to stand trial on 
criminal charges. Residents are considered patients, as opposed to 
inmates, although correctional officers also work there to deal with 
security issues.

Several events between June 2012 and October 16, 2012, caused Mate to 
become increasingly concerned about illegal substances being brought 
into the facility, including some patients testing positive for 
illegal substances, the decision said.

Mate denied she ordered the strip searches but said she left the 
decision up to an officer with the correctional services division who 
worked in the facility. However, correctional officers, who carried 
out the strip searches, have indicated that they were carried out at 
the direction of Mate.

Twenty-one of the 33 patients have also filed complaints with the 
Nova Scotia Human Rights Commission, alleging discrimination on the 
basis of mental disability in connection with the incident, the decision said.
- ---
MAP posted-by: Jay Bergstrom