N.S. Supreme Court certifies class case on strip searches at correctional facilities

The Supreme Court of Nova Scotia is pictured. (Callum Smith/CTV News Atlantic)

The Nova Scotia Supreme Court has certified a class proceeding on strip searches conducted at three correctional facilities across nearly eight years.

Matthew Bonn, who claims he was strip searched while serving as a prisoner at the Central Nova Correctional Facility, sought an order certifying the class proceeding. He claims the Attorney General of Nova Scotia breached his Charter rights, including liberty and security of the person, unreasonable search and seizure, cruel and unusual treatment and/or punishment, and discrimination.

In a written decision, Justice Diane Rowe certified the class proceeding while noting a certification motion is “solely procedural” and not a determination of the merits of the proceeding.

According to the decision, the class in the proceeding is defined as male prisoners who were strip searched directly after receiving opioid agonist therapy medication while incarcerated at Central Nova Correctional, Northeast Nova Scotia Correctional or Cape Breton Correctional between Jan. 1, 2014 and Dec. 31, 2021.

According to BC Mental Health and Substance Use Services, opioid agonist treatment is a medication-based treatment for people dependent on opioids.

According to Bonn’s affidavit, he was subject to a strip search following opioid agonist therapy medication.

“In the course of the searches, prisoners removed their clothing and, while nude, were visible to nurses, guards and other prisoners,” the decision reads. “He was ordered to expose his intimate areas, and touch them to show areas obscured.

“He noted that either all of the OAT recipients were strip searched on administration of medication at certain times, or none of the OAT recipients were strip searched. The searches were not particularized to any recipient. Mr. Bonn did not feel he could refuse, as he felt his compliance would be forced.”

Bonn and another prisoner attested to being humiliated or traumatized by the strip search, according to the written decision.

“Mr. Bonn indicates there is evidence that the OAT policy ended on or about August 5, 2021,” the decision reads. “Further, the evidence is OAT policy was applicable to all persons, without individuation.”

The attorney general submitted an affidavit by the acting director of correctional services at the Nova Scotia Department of Justice that noted strip searches are no longer routinely conducted on inmates engaged in opioid agonist therapy medications.

“The OAT policy is no longer being applied, in its former version, but the class proceeding may serve to inform institutional behavioural change if there are breaches of Charter rights or tort consequences found,” the decision reads.

None of the claims have been tested in court.

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