Damages awarded two inmates for prison lockdowns called unjustified
TORONTO — A judge’s finding that two inmates were subjected to cruel and unusual treatment because of the numerous prison lockdowns they endured was based on faulty information and legally wrong, Ontario’s top court heard Tuesday.
In addition, the Court of Appeal was told, the decision to award them a total of $85,000 in damages was unreasonable and unfair given that they had never asked for money.
The Ontario government is appealing a May 2016 decision in which Superior Court Justice Douglas Gray awarded $60,000 to Jamil Ogiamien, 46, a Nigerian facing deportation, and another $25,000 to Huy Nguyen, 30, who was awaiting trial on firearms charges.
Gray agreed the frequent lockdowns they went through over a two-year period violated their rights because they were largely confined to their cells, deprived of the ability to maintain basic hygiene, and otherwise subjected to harsh conditions that affected their mental and physical health.