Brandon v. Canada ( Correctional Service )
T-1277-86
Gibson J.
2/1/96
11 pp.
Action in damages for false imprisonment (segregation and dissociation of plaintiff, inmate of Saskatchewan Penitentiary)-Action allowed-Transfer of inmate out of general population to more restrictive environment amounting to "imprisonment"-Onus then on defendant to justify segregation and dissociation-Onus not met-Criteria for administrative segregation (segregation or dissociation): director must be satisfied inmate acted in manner jeopardizing security of institution or safety of an inmate-While, on basis of plaintiff's efforts to play on sympathies of staff member (falsely announcing death of sister), director could reasonably conclude justification in terms of maintenance of good order and discipline of institution in keeping plaintiff from associating with staff members, not ground for dissociation-68 days of false imprisonment-$680 awarded for non-physical damages suffered by plaintiff-Plaintiff to be reimbursed for $1,000 in legal fees and expenses- Considering respondent's oppressive and arbitrary conduct herein, exemplary damages in amount of $3,000 awarded-Plaintiff also awarded prejudgment interest in amount of $386.32 and costs taxed at $3,300.22.