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