Equality means equality for everyone.
To Johnson, Smith, and the thousands of people they represent
Lawyer Egan will speak on this case with CAFE on Thursday, November 19th, 2015. Meanwhile, allow me to wrap up this Statement of Claim.
MEDICAL CARE AND TREATMENT
Despite of all the violence resulted from overcrowding and bullying,
So let’s say they saw a health professional, when they come back…
The Plaintiffs’ stories
August 31st, 2012
Plaintiff Glenn Johnson fell in his cell block and suffered from a mild concussion. As a result, he was moved to a smaller cell to recover. However, his cellmate got another inmate onto his bed and moved Mr. Johnson to the floor. When Johnson protested, his cellmate wounded his head and mouth.
October 28th, 2012
Other assaults included:
More examples of lack of medical treatments (59e)
Example of lack of special diet (59i) and lack of actions following up complaints (70)
Despite of the knowledge of the Plaintiff’s dietary restrictions, Mr. Johnson was given food he could not eat on several occasions. As a response, the guards gave him juice, fruit cup and or nothing for a couple days in a row.
July 10th, 2012
During his short stay at EMDC from July 9th to 12th of 2012, inmates dragged Plaintiff Michael Smith to the washroom and wounded his cheek. As a result, Mr. Smith was disfigured and continues to suffer from psychological trauma from the wound which required 13 stitches and plastic surgery.
The Statement of Claim was produced by the McKenzie Lake Lawyers LLP
Kevin Egan, Russell Raikes, and Michael Saelhof; Lawyers for the Plaintiffs
k) Guards advised inmates to follow the spoken, written, and posted rules set by “servers”, inmates who were usually large and violent.
35. The current layout of the cell blocks prevents guard observation. Furthermore, guards routinely closed the doors to their stations to avoid knowing occurrences in the cell blocks.
37. f) Guards encouraged inmates to assault other inmates, particularly sex offenders; 37. e) Guards inflicted excessive physical assaults on inmates,
37. b) Guards discouraged inmates who were physically assaulted from complaining
37. g) prisoner complaints of physical assaults or intimidation by guards were inmates were dismissed.
37. d) for which there was no follow-up investigations by supervisory staff
45. Despite of knowing the sort of violence committed against prisoners by these servers, the staffs did nothing to protect prisoners.
Previously, I started an excerpt of Lawyer Egan’s Statement of Claim against Ontario jail conditions. This post will continue to summarize that Claim by focusing on the issue of overcrowding.
10. The staffs’ action and inaction resulted in an unsanitary, unsafe and overcrowded EMDC during the Claim Period, which violates the inmates’ basic human rights under Section 7 and 12 of our Charter.
11. As well, they have fostered an atmosphere of violence, brutality and intimidation.
OVERCROWED CONDITIONS AT EMDC
13. In the 1970’s, the EMDC was designed to hold about 150 inmates.
14. Little has changed since then despite of alternations.
15. However, the number of prisoners regularly exceeded 400 during the Claim Period.
One cell block, ten cells for ten single inmates, plus two rooms for recreations.
add concrete slab to ten cells, so now twenty inmates per ten cells. During the claim Period, these cells routinely housed more than two prisoners.
17. Later modifications: the two rooms were converted to “welfare cells” which were supposed to hold two prisoners, but often held as many as five, despite of the out-dated ventilation and plumbing system designed for only ten prisoners in one single cell block.
19. Overcrowding at EMDC resulted in unhygienic conditions such as,
a) sleeping beside toilet b) that were frequently left unclean or broken so it overflow.
c) cells were not cleaned d) where black mold and bed bugs were common
21. The staff didn’t do anything despite of this knowledge.
Previously, I have written about Lawyer Egan’s case against Ontario on October 23rd, 2014 under Ontario may be sued for violence in London Detection Centre.
From Egan’s office, McKenzieLake’s website, under Practice Area, Class Actions Law, by selecting Elgin Middlesex Detention Centre Class Action under Current Actions, I found a summary of the case and a series of related documents. This and my upcoming posts will be the key points from the first one.
The following is taken from Court file #2291/13, which is a Statement of Claim between Plaintiffs Glenn Johnson and Michael Smith, and Defendant Her Majesty, the Queen, in right of Ontario on December 9th, 2013.
Characters and Place
8. So when it says “the Queen”, it means the staffs who work at EMDC, guards, medical staff and whoever were responsible for the custody of the inmates during the Claim Period.
4. The Plaintiffs cliam
b) a declaration that
i) The conditions at EMDC and the practices of Ontario while caring for the inmates during 2010 and 2013 deprived them of the right to life, liberty and security as guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms.
ii) The conditions at the EMDC and the practices of the custodians of the inmates constituted cruel, inhumane and degrading treatment contrary to Section 12 of the Canadian Charter of Rights and Freedoms.
The Plaintiffs claim:
d) Total damage for negligence, failed to fulfill guardianship, assault and battery add up to three hundred million dollars.
f) An additional twenty-five million dollars in order to warn future practices.
To Masai/Fred, the gentleman at Union who promotes prison libraries
A coroner’s jury ruled that Randy Drysdale died as a result of homicide by at least two inmates at Elgin-Middlesex Detention Centre (EMDC) in London, Ontario. 
Adam Kargus was murdered by inmates A.M. George with B.S. Mielke and D.C. Cake. That led to the charges of two correctional officers and a supervisor, L. Lonsbary, G. Langford and S. Jurkus, with failure to provide life necessities.
September 3rd, 2014
In addition to the aforementioned members of Ontario Public Service Employees Union (OPSEU), three more employees were let go from their EMDC positions. Since OPSEU went on strike for health and safety reasons in response, EMDC was locked down except for meals, medicine and court transfers.
Currently, lawyer Kevin Egan is filing a class-action lawsuit against the Ontario Ministry of Community Safety and Correctional Services for their negligence leading to the violence at the EMDC.  According to the London Free Press, the 450-capacity EMDC was originally built to house 150 inmates.  The January and September lockdown were but a tip of the iceberg.  To date, at least 400 of the estimated 40,000 inmates involved from 2010 to 2013 have submitted their case to Egan.  This certification application will be heard in February, 2015. 
In the 9 detention centres in Ontario, 4843 inmates are either serving less than two months, waiting for trial, sentencing, or transfer to a correctional facility.  Men represent over 90% of this inmate population. 
Authored by Roni
Men’s Issues Awareness (MIA) at Guelph 2012 – present
Men’s Health research 2013
 Carruthers D & Richmond R (2011, September 15). Inquest rules death homicide, slams conditions at EMDC. The London Free Press.  OPSEU, Province reach deal over EMDC (2014, September 9). CHEX Television.  Richmond R (2014, January 9). London lawyer Kevin Egan hopes new Elgin-Middlesex Detention Centre citizens advisory board can get to truth. The London Free Press.  Brennan RJ (2014, September 22). Lawsuit targets ‘unbelievable’ violence at London jail. The Star. 
Paperny AM (2014, September 8). Ontario’s short-staffed jails face chronic lockdowns, staff, inmates say. Global News.
Campbell W (2013, July 28). Ontario jails holding more inmates than designed for. The Canadian Press.
Brennan RJ (2014, September 22). Lawsuit targets ‘unbelievable’ violence at London jail. The Star. List of Detention Centres for adult offenders in terms of Correctional Facilities (Last modified on October 3, 2014). Ontario Ministry of Community Safety and Correctional Services.  Robinson et al., Reed & Roberts, Cong and AuCoin (1998, 1999, 2008). As cited in Profile of provincially sentenced women in Ontario. Council of Elizabeth Fry Societies of Ontario.