An inmate at North Slave Correctional Complex (NSCC) had his lawsuit dismissed by a judge in the NWT supreme court relating to an assault that happened in 2018.

Justin Clillie was seeking $25,000 in damages from the GNWT. He was assaulted by Jason Bard, another inmate at the jail. Bard told a corrections officer that he was going to randomly attack someone, minutes before the assault occurred, according to the court transcript.

Clillie argued NSCC staff did not do their due diligence in taking precautions to prevent the attack. In her judgement dated Nov. 25, justice Annie Piche sided with the GNWT, stating that ClillieSA国际影视传媒檚 lawyer had not proven that jail staff were negligent or that their negligence caused the attack.

Bard told a member of the corrections staff that he was frustrated because he hadn't yet been assigned a job at the jail. The two were discussing next steps, and eventually Bard became agitated.

"I'm just going to pick someone and... go for them" he told the employee.

The corrections worker told Bard to go outside to the yard and get some fresh air. He did, then came back in a few minutes later, straight towards where Clillie was sitting, hit him with a plastic cup and started punching him. 

The corrections employee was the only officer present during the attack, which left Clillie with a concussion and two cuts on his head. The corrections worker eventually stopped the attack with help from some colleagues.

Clillie's argument about negligence boils down to the corrections worker not isolating Bard from other inmates, after Bard made a threat to attack someone. 

In his defence, the jail staff member said inmates often make threats and, according to NSCC's policy, physical restraints and segregation are last resorts. 

He added that telling Bard to go outside for some fresh air was his attempt at de-escalation.

SA国际影视传媒淲ith the benefit of hindsight, one might conclude that the officer needed to do more,SA国际影视传媒� the judge stated. "But I am satisfied that when Mr. Bard complied with [the corrections officer's] request to go outside, [the corrections employee] reasonably believed the risk of a random attack diminished."

She added that there is no doubt Clillie suffered damages because of Bard's attack. But, following his threat, a prudent officer's response would not have prevented it. So, she concluded, the GNWT is not liable for Clillie's loss.

Had Piche found the GNWT liable, she said she would have awarded $20,000 in general damages.