Hill v. British Columbia et al., (1997) 93 B.C.A.C. 40 (CA)

JudgeMcEachern C.J.B.C., Esson and Newbury, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateMay 29, 1997
JurisdictionBritish Columbia
Citations(1997), 93 B.C.A.C. 40 (CA)

Hill v. B.C. (1997), 93 B.C.A.C. 40 (CA);

    151 W.A.C. 40

MLB headnote and full text

Temp. Cite: [1997] B.C.A.C. TBEd. JN.058

Dennis Hill (plaintiff/appellant) v. Her Majesty The Queen in right of the Province of British Columbia and Grant Stevens, Director Operations, Surrey Pretrial Services Centre and Jay Phillips, Correctional Officer, Surrey Pretrial Services Centre (defendants/respondents)

(CA020676)

Indexed As: Hill v. British Columbia et al.

British Columbia Court of Appeal

McEachern C.J.B.C., Esson and Newbury, JJ.A.

May 29, 1997.

Summary:

An inmate sued the province and prison authorities for damages for negligence, false imprisonment and breach of s. 7 of the Charter after being placed in segregation following a prison riot. The trial judge dis­missed his action. The inmate appealed.

The British Columbia Court of Appeal allowed the appeal and the action and awarded the inmate nominal damages.

Administrative Law - Topic 1058.1

Classification of power or function - Powers or functions classified as adminis­trative - Accommodation of prison inmates - The British Columbia Court of Appeal held that the duty of carrying out a review of a segregation order of an inmate, within seven days, was adminis­trative rather than judicial - See para­graphs 16, 24.

Civil Rights - Topic 3192

Trials - Due process, fundamental justice and fair hearings - Administrative and noncriminal proceedings - Procedure contrary to fundamental justice - An inmate suspected of instigating, participat­ing in or complicity in a prison riot was placed in segregated custody pursuant to s. 38.1 of the Correctional Centre Rules and Regulations, B.C. Reg. 284/78 - The segregation began two days after the riot and lasted for 19 days - The British Columbia Court of Appeal held that prison authorities failed to carry out a timely review of the segregation order - The court held that the inmate was falsely imprisoned for 11 days - The court opined that this breach of duty breached the prin­ciples of fundamental justice in s. 7 of the Charter - See paragraphs 25 to 27.

Crown - Topic 1531

Torts by and against Crown - Liability of Crown for acts of servants - Prison offi­cials - [See Torts - Topic 9164 ].

Crown - Topic 1646

Torts by and against Crown - Actions against Crown - Defences, bars or exclu­sions - Statutory authority - [See Torts - Topic 9164 ].

Crown - Topic 2890

Crown immunity - Exceptions - Negli­gence - [See Torts - Topic 9164 ].

Crown - Topic 5149

Officials and employees - Liability of officials in tort - Defences - Good faith - [See Torts - Topic 9164 ].

Damage Awards - Topic 630

Torts - Injury to the person - False or unlawful imprisonment - An inmate sus­pected of instigating, participating in or complicity in a prison riot was placed in segregation pursuant to s. 38.1 of the Correctional Centre Rules and Regulations, B.C. Reg. 284/78 - The segregation began two days after the riot and lasted 19 days - The British Columbia Court of Appeal held that prison authorities failed to carry out a timely review of the segregation order and the inmate was falsely imprisoned for 11 days - The court awarded the inmate $500 damages against the Crown, which was not immune from liability under ss. 3(2) and 16 of the Crown Proceeding Act - The individual prison officials were immune from liability under s. 23 of the Correction Act, because they acted in good faith - See paragraph 28.

Damages - Topic 2441

Torts affecting the person - False or un­lawful imprisonment - General - [See Damage Awards - Topic 630 ].

Prisons - Topic 443

Actions against prison officers and author­ities - Tort - False imprisonment - An inmate suspected of instigating, participat­ing in or complicity in a prison riot was placed in segregated custody pursuant to s. 38.1 of the Correctional Centre Rules and Regulations, B.C. Reg. 284/78 - The segregation began two days after the riot and lasted for 19 days - The British Columbia Court of Appeal held that prison authorities failed to carry out a timely review of the segregation order - The court held that the inmate was falsely imprisoned for 11 days - The court awarded the inmate $500 damages against the Crown - The court held that the indi­vidual prison officials were immune from liability under s. 23 of the Correction Act, because they did not act in bad faith - See paragraphs 18 to 22, 24, 28.

Prisons - Topic 1025

Administration - Powers re prisoners - Placement in special handling units (incl. segregation or dissociation) - An inmate suspected of complicity in a prison riot was placed in segregation pursuant to s. 38.1 of the Correctional Centre Rules and Regulations, B.C. Reg. 284/78 - The segregation began two days after the riot and lasted 19 days - The British Columbia Court of Appeal held that the segregation order per se was reasonably within the warden's discretion, even absent specific evidence that the inmate participated - However, a review of the segregation order was not carried out within seven days, as required, but only 14 days after the order -The court held that the authorities com­mitted breach of duty, negligence, false imprisonment and possibly a breach of s. 7 of the Charter - See paragraphs 9, 15 to 21, 25 to 27.

Torts - Topic 3262

Trespass - False imprisonment - Defences - Statutory immunity - [See Torts - Topic 9164 ].

Torts - Topic 9164

Duty of care - Particular relationships - Claims against public officials, authorities or boards - Prison authorities - An inmate suspected of instigating, participating in or complicity in a prison riot was placed in segregation pursuant to s. 38.1 of the Correctional Centre Rules and Regulations, B.C. Reg. 284/78 - The segregation began two days after the riot and lasted 19 days - The British Columbia Court of Appeal held that the prison authorities' failure to carry out a timely review of the segrega­tion order constituted breach of duty - The court awarded the inmate $500 damages against the Crown, which was not immune from liability because of ss. 3(2) and 16 of the Crown Proceeding Act - The individ­ual prison officials were immune from liability under s. 23 of the Correction Act, because they acted in good faith - See paragraphs 15 to 17, 22 to 28.

Cases Noticed:

R. v. Deputy Governor of Parkhurst Prison; Ex parte Hague, [1991] 3 All E.R. 733; 141 N.R. 161 (H.L.), refd to. [para. 6].

Vukelich v. Director of Vancouver Pre-Trial Centre et al. (1993), 39 B.C.A.C. 38; 64 W.A.C. 38; 87 C.C.C.(3d) 32 (C.A.), dist. [para. 14].

Just v. British Columbia, [1989] 2 S.C.R. 1228; 103 N.R. 1, not appld. [para. 15].

Dorset Yacht Co. v. Home Office, [1970] A.C. 1004; [1970] 2 All E.R. 294 (H.L.), refd to. [para. 15].

Welbridge Holdings Ltd. v. Winnipeg, [1971] S.C.R. 957, not appld. [para. 16].

Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602; 30 N.R. 119; 106 D.L.R.(3d) 385, not appld. [para. 16].

Cardinal and Oswald v. Kent Institution (Director), [1985] 2 S.C.R. 643; 63 N.R. 353; 49 C.R.(3d) 35, not appld. [para. 16].

Saskatchewan Wheat Pool v. Canada, [1983] 1 S.C.R. 205; 45 N.R. 425, refd to. [para. 17].

R. v. Miller, [1985] 2 S.C.R. 613; 63 N.R. 321; 14 O.A.C. 33, refd to. [para. 18].

Saint-Jacques v. Canada (1991), 45 F.T.R. 1 (T.D.), refd to. [para. 19].

Abbot v. Canada (1993), 64 F.T.R. 81 (T.D.), refd to. [para. 19].

Brandon v. Correctional Service of Canada et al. (1996), 105 F.T.R. 243 (T.D.), refd to. [para. 19].

Frey v. Fedoruk, [1950] S.C.R. 517, refd to. [para. 20].

Carnahan v. Coates (1990), 47 B.C.L.R.(2d) 127 (B.C.S.C.), refd to. [para. 24].

Demaria v. Regional Classification Board (1986), 69 N.R. 135; 30 C.C.C.(3d) 55 (F.C.A.), consd. [para. 25].

Mooring v. National Parole Board et al., [1996] 1 S.C.R. 75; 192 N.R. 161; 70 B.C.A.C. 1; 115 W.A.C. 1, refd to. [para. 26].

MacInnis v. Canada (Attorney General) et al. (1996), 204 N.R. 384 (F.C.A.), refd to. [para. 26].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 5]; sect. 12 [para. 6].

Correction Act, R.S.B.C. 1979, c. 70, sect. 23 [para. 22].

Correction Act Regulations (B.C.), Cor­rectional Centre Rules and Regulations, Reg. 284/78, sect. 38.1 [para. 3]; sect. 39, sect. 40 [para. 26].

Crown Proceeding Act, R.S.B.C. 1979, c. 86, sect. 2 [para. 23]; sect. 3(2) [para. 24]; sect. 16 [para. 22].

Provincial Court Act, R.S.B.C. 1979, c. 341, sect. 37 [para. 22].

Supreme Court Act, S.B.C. 1989, c. 40, sect. 3 [para. 22].

Authors and Works Noticed:

Cooper-Stephenson, K.D., Charter Damages Claims (1990), pp. 97, 98 [para. 27].

Halsbury's Law of England (2nd Ed. 1940), vol. 33, generally [para. 20].

Counsel:

J.W. Conroy, Q.C., and S.P.A. Pawliuk, for the appellant;

A.R. Westmacott and J.I. Thayer, for the respondents.

This appeal was heard at Vancouver, British Columbia, on May 6 and 7, 1997, before McEachern, C.J.B.C., Esson and Newbury, JJ.A., of the British Columbia Court of Appeal.

Newbury, J.A., delivered the following judgment for the Court of Appeal on May 29, 1997.

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2 practice notes
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    ...(Conseil des Ports Nationaux) v. Langelier, [1969] S.C.R. 60, refd to. [para. 14]. Hill v. British Columbia et al., [1997] 10 W.W.R. 691; 93 B.C.A.C. 40; 151 W.A.C. 40 (C.A.), consd. [para. 15]. Dorman Timber Ltd. v. British Columbia, [1998] 3 W.W.R. 487; 97 B.C.A.C. 178; 157 W.A.C. 178 (C.......
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    ...70]. Diversified Holdings Ltd. v. British Columbia (1982), 41 B.C.L.R. 29 (C.A.), refd to. [para. 86]. Hill v. British Columbia (1997), 93 B.C.A.C. 40; 151 W.A.C. 40 (C.A.), consd. [para. Statutes Noticed: Crown Proceeding Act, R.S.B.C. 1979, c. 86, sect. 1, sect. 2(c), sect. 3(2)(a), sect.......
2 cases
  • Stieber v. Canada (Attorney General), 2004 BCCA 44
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 17 Diciembre 2003
    ...(Conseil des Ports Nationaux) v. Langelier, [1969] S.C.R. 60, refd to. [para. 14]. Hill v. British Columbia et al., [1997] 10 W.W.R. 691; 93 B.C.A.C. 40; 151 W.A.C. 40 (C.A.), consd. [para. 15]. Dorman Timber Ltd. v. British Columbia, [1998] 3 W.W.R. 487; 97 B.C.A.C. 178; 157 W.A.C. 178 (C.......
  • Dorman Timber Ltd. v. British Columbia, (1997) 97 B.C.A.C. 178 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • 26 Septiembre 1997
    ...70]. Diversified Holdings Ltd. v. British Columbia (1982), 41 B.C.L.R. 29 (C.A.), refd to. [para. 86]. Hill v. British Columbia (1997), 93 B.C.A.C. 40; 151 W.A.C. 40 (C.A.), consd. [para. Statutes Noticed: Crown Proceeding Act, R.S.B.C. 1979, c. 86, sect. 1, sect. 2(c), sect. 3(2)(a), sect.......

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