A federal judge has ordered Ottawa to pay more than $75,000 to a Saskatchewan inmate after finding a correctional officer used excessive force, violating his Charter rights during a confrontation inside a federal prison.Blacklock's Reporetr says in a ruling by Justice William Pentney, the court found that inmate Kelsey Stewart’s right to security of the person under the Canadian Charter of Rights and Freedoms was breached when he was pushed into a cell door by a guard.“The Charter is a very important law in Canada and breaking it is a very serious thing,” Pentney wrote in his decision.Stewart, who was incarcerated at Saskatchewan Penitentiary in Prince Albert, was serving time for firearm, drug and property offences at the time of the 2020 incident. Video evidence presented in court showed a guard forcefully pushing him into a cell door, resulting in visible injuries.According to the ruling, Stewart suffered cuts near his eyebrow and cheek, along with swelling on one side of his face. The court determined he was entitled to compensation not only for the physical injuries but also for the experience of the incident while under the authority of correctional staff.The award includes $50,000 for assault, $15,000 for breach of Charter rights and $10,246 in legal costs..Pentney noted Stewart’s status as an inmate made him particularly vulnerable. “The harm you experienced was made worse because of your situation as an inmate subject to the authority of correctional officers,” he wrote.Federal lawyers did not contest that damages were warranted, though they argued for a significantly lower award of $5,000. The court noted the Correctional Service of Canada acknowledged the use of force in the incident “was not proportionate to the circumstances” and accepted that compensation should be paid.Court filings from Stewart’s legal team alleged a more prolonged assault, including claims he was handcuffed and struck multiple times while being subjected to racial slurs. However, the judge found some of those details were not supported by the evidence.Testimony from a correctional officer described Stewart as uncooperative during a routine safety check, allegedly swearing at staff and resisting instructions — behaviour the court heard was not uncommon in the prison environment.The officer involved was later suspended without pay for 45 days.
