Eng v. Canada
T-247-93
Gibson J.
4/4/97
20 pp.
Action for general, non-pecuniary damages with interest following incident at Bowden Institution, medium security prison operated by Correctional Services of Canada near Red Deer, Alberta-Plaintiff born in China, Canadian citizen living in Vancouver-Arrived as inmate at Bowden Institution on January 6, 1992-Shortly after arrival, attacked from behind by another inmate, knocked unconscious by two blows-Throat cut, almost from ear to ear, left wrist slashed four times-Kicked and further beaten-Nose broken-During afternoon of January 6, plaintiff met another inmate (Fairfax), had friendly exchange-Latter disclosing no sign of prejudice or dislike in exchange-Serving first penitentiary term for robbery of taxi driver, with violence, dangerous driving and possession of stolen vehicle-Placed in segregation-Contract psychiatrist to Bowden Institution met with Fairfax-Reporting with emphasis on Fairfax's preoccupation with Chinese, Italian people-Fairfax described as "high-watch" inmate, known to be racially prejudiced against, among others, Chinese persons-Plaintiff advised Fairfax not to be trusted, should not go off alone with him-Court relying on reports prepared at time of incident and on plaintiff's own testimony based on recollections of evening-Fairfax first and only inmate investigated in relation to attack-Charged with attempted murder-Apparently admitted to offence-Plaintiff spent approximately two months in hospital-Alleged greater reliance on medication since assault-Testified to some difficulty with anxiety, headaches, occasional sleeplessness flowing from recollections of attack-Whether institutional officials at Bowden knew or ought to have known plaintiff might have problem with incompatible inmate-Whether, having that knowledge, they took appropriate steps to protect plaintiff from reasonably foreseeable risk of injury-Officials at Bowden knowing Fairfax had strong racial prejudice against Chinese persons-Had no reason to know or to even suspect Fairfax might be stalking plaintiff that evening-No breach of duty of care arising from foreseeable, unreasonable risk of harm to plaintiff created by acts, omissions of institutional officials at Bowden Institution-On information available to institutional officials, foreseeable risk not so high as to be unreasonable-Appropriate steps taken to protect plaintiff-Action dismissed.