A lawsuit by the victim of a random, vicious jailhouse attack by a “dangerous violent offender with anti-social personality disorder” has provided a rare glimpse into the internal operations at North Slave Correctional Complex (NSCC).
Jason Bard was 28 years old and incarcerated at NSCC in 2018, when he randomly attacked a fellow inmate, who was watching TV alone, causing serious injuries that required stitches and treatment for a concussion, stated an NWT Supreme Court decision this week.
Yellowknife Courthouse. (James O’Connor/CKLB)
Bard had a long history of violent behaviour in custody and minutes before the assault he told a corrections officer that he was going to randomly attack someone.
Warden John Nahanni testified the jail has approximately 600 intakes a year and a staff of four case managers.
The usual practice is for the case manager to start gathering information about a new inmate as soon as possible after their admission to the facility.
Court heard the case management team has limited resources and a heavy caseload, which delayed for weeks the gathering of critical information about the attacker, with summer vacations also having a role.
Court heard from witnesses that the information contained in the Alberta records was important for correctional officials, as Bard was a high-risk offender who had violently assaulted another inmate at Calgary Correctional Centre.
But before that information was obtained, and changes to Bard’s custodial security considered, he attacked the 44-year-old inmate.
Just after the inmates finished having supper, Bard approached the only corrections officer in Pod A at the time, stating he was frustrated because he had not been assigned a job in the institution yet.
Bard became agitated, told the officer he was getting angry, that he did not care about the consequences and made the following threat: “I’m just going to pick someone, and (obscenity removed) go for them.”
The officer told Bard to go outside to the yard adjacent to Pod A and get some fresh air.
Approximately three minutes later, Bard re-entered Pod A and walked straight towards the location where the other inmate was quietly watching television, seated at a table by himself.
Bard struck him on the head with a plastic cup and punched him repeatedly.
The corrections officer told court that inmates often make threats, which can be a way for them to manipulate staff.
The corrections officer also testified he usually did not seek detailed information about inmates’ criminal backgrounds to avoid forming a bias against them.
NSCC policies favour de-escalation and the least restrictive measures possible, with physical restraints and segregation being last-resort options.
When Bard complied with his request to go to the yard, the immediacy of the threat went down.
The GNWT takes the position that its policies and practices guarantee that all inmates are treated with dignity and with respect for their rights.
Justice Annie Piché noted in her decision against the victim’s lawsuit that both parties agreed corrections officials owe a duty of care to inmates and that they can be found liable for the assault by one inmate on another.
They agreed the standard is one of reasonable care, not perfection.
Concluded Piché: “There is no doubt (the victim) suffered damages because of Mr. Bard’s violent assault. However, following Mr. Bard’s threat, the response of reasonably prudent corrections officials would not have prevented this attack. As a result, the GNWT is not liable for Mr. Clillie’s loss.”
