As an inmate in Ontario, it can feel like your rights disappear behind the cell doors, but they don’t. Inmates in all of Canada are protected by law and when those protections are violated, you have legal options for accountability and in some cases, compensation

You Don’t Lose Your Rights in Custody

The Canadian Charter of Rights and Freedoms, the Corrections and Conditional Release Act, the Criminal Code, provincial legislation, and the common law continue to protect inmates from cruel or unusual treatment, unequal treatment, and unlawful use of force. Correctional staff are not above the law.

What Is “Excessive Force”?

Force used by correctional officers must be necessary, proportionate, and minimal – the least amount required to manage a genuine safety risk. It becomes excessive when it goes beyond that, such as:

• Physical assault after a situation is already under control
• Restraints, pepper spray, or batons used without real threat
• Improper or prolonged segregation used as punishment
• Denial of medical care after an incident
• Retaliatory or repeated force against one inmate

Negligence Isn’t Always a Beating

Institutions also owe inmates a duty of care. Negligence can include failing to protect someone from violence by incompatible inmates or in circumstances where there are pre-indicators of violence, keeping inmates in extended dry cell or segregation cells, delayed medical treatment, or unsafe conditions. Families often notice the warning signs first through unexplained injuries, hospital visits, or a loved one who sounds afraid on the phone.

What Is Crown Liability?

Correctional facilities are run by the government. Ontario prisons are run by the Ontario government and are governed by provincial Crown Liability and Proceedings Act. Provincially-run institutions outside of Ontario are governed by their respective provincial Crown liability legislation. Federal institutions are governed by federal legislation known as the Crown Liability and Proceedings Act. The Ontario and federal statutes provide for notice requirements before issuing a claim.

How a Lawyer Can Help

1. Confidential consultation – by phone, mail, or approved institutional channels
2. Providing Notice – compliance with the legislative notice requirements
3. Gathering evidence – medical records, incident reports, grievances, witness statements
4. Filing on time – Crown liability claims are subject to time limitations and if filed late may be statute barred.
5. Advocacy – Investigation, interlocutory attendances including motions, mediations and more.
6. Pursuing compensation – seeking pecuniary and non-pecuniary losses, and damages under the Charter

For Families: You’re Not Powerless

Families are often the first to notice when something is wrong and can be the first line of support in bringing a claim forward. Here’s how you can help:

• Document dates, injuries, and behavioural changes
• Request medical and incident records early
• File a formal grievance to create a paper trail
• Speak with a lawyer promptly

Gosai Law Is Here to Help

Everyone deserves dignity and incarceration shouldn’t change that. If you or a loved one has experienced excessive force or neglect in custody, reach out to Gosai Law for a confidential consultation.

This article is for general information only and is not legal advice. Contact Gosai Law to discuss your specific situation.