Inmate beating caught on video reveals Saint John guard abused authority, report finds
Province silent on consequences for corrections officer who repeatedly punched Scott Morrison
An investigator has ruled a Saint John jail guard abused his authority when he repeatedly punched an inmate who was already face down on the ground being restrained by four other officers.
The ruling was made by Sue Evans, an investigator with the Department of Justice and Public Safety's professional standards unit, who was tasked with reviewing the actions of two guards involved in an altercation with Scott Morrison while he was on remand at the Saint John Corrections Centre last September.
While one of the guards was cleared of any wrongdoing, the other guard "committed a major offence, abuse of authority, by using unnecessary violence to a prisoner," states a report detailing Evans's findings, which CBC News obtained through a request under the Right to Information and Protection of Privacy Act.
Whether the corrections officer faced any consequences, however, remains unknown.
The report says the investigation is now closed and that the findings would be forwarded to Chris O'Connell, a senior assistant deputy minister with the department.
When CBC News requested an interview with O'Connell, the department responded with an email saying it cannot comment on individual cases for privacy reasons.
"The Department of Justice and Public Safety takes inmate safety very seriously," said spokesperson Geoffrey Downey, in that email.
"Any alleged cases of misconduct are investigated, and corrective action is taken when necessary."
How case came to light
Morrison was convicted on eight drug trafficking offences last October and in a bid to have his sentence lessened, applied to have videos played in court showing guards at the jail punching him on Sept. 27, 2022, while he was still on remand.
That evidence included CCTV and handheld video camera footage, which Morrison argued proved his Charter rights had been violated.
In response, the province filed a separate application to block the videos and photos from being seen by anyone other than the judge, arguing they would compromise security at the jail and violate the privacy of other inmates visible in the footage.
On Nov. 22, a judge rejected the province's application, allowing the videos to be shown in court and shared with the public.
In December, Judge Cameron Gunn ruled the actions by the guards were "excessive" and warranted a sentence reduction of four months for Morrison.
Firing would be reasonable response, says prof
Jails and prisons can be a difficult environment to work in, but there is a standard corrections officers have to maintain, said Michael Weinrath, professor of criminal justice at the University of Winnipeg.
"Correctional officers — they're professionals and they get paid to keep a level head, follow protocol and use the appropriate holds, appropriate restraints, and those sorts of things are important," he said.
From watching the video, Weinrath said the punches to Morrison's head are particularly troubling, considering he was already lying face down and restrained by multiple guards.
"In that sense, it's a pretty egregious ... violation of proper protocol," Weinrath said.
"You would think in this particular case that they would be thinking about, you know, dismissal, because there has to be some consequences."
Multiple potential outcomes, prof says
While firing the guard is one potential outcome, there are other possible repercussions, said Mary Ann Campbell, director of the Centre for Criminal Justice Studies at the University of New Brunswick Saint John campus.
Campbell said those could include being required to take more training, having his pay docked or a suspension.
"And if deemed excessive, that could also mean that the person is reviewed for potential criminal activity," Campbell said.
In documents obtained by CBC News, jail staff did ask Morrison if he wanted to pursue criminal charges against the corrections officer, however he declined.
CBC News asked the Saint John Police Force whether the actions of the guard constitute grounds for criminal charges.
The force declined an interview request, but in an email, Staff Sgt. Sean Rocca said the force investigates whenever a complaint or allegation of a criminal nature is reported to police.
"Due to privacy, the Saint John Police cannot confirm whether or not an investigation is underway as it relates to specific persons until such time that charges are laid in court," he said.
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