Former guard sent to jail
Judge slams corrections officer for attacking inmate at Baffin facility
Stewart Burnett
Northern News Services
Monday, February 8, 2016
IQALUIT
A violent assault on an inmate at Baffin Correctional Centre in Iqaluit has landed a former jail guard time behind bars himself after a judge sentenced him to 30 days followed by nine months of probation and 50 hours of community service.
"The court must send to the entire community a message which condemns this crime, and which reminds people that we expect community laws to be obeyed by everyone, no matter their position in society," stated Justice Paul Bychok in a ruling released Jan. 29.
Michael Bracken was a full-time guard at BCC on Oct. 26, 2014, when he assaulted the victim, an inmate, twice in the same day.
The first assault happened in the mess area and was captured on security video. As Bracken walked toward the door leading to the kitchen, the victim approached him and asked for a cookie.
Bracken responded that he would not give him one and proceeded to open a door when the victim put his foot against it.
Without hesitation, Bracken punched the victim in the face and wrestled him violently to the ground. Two guards intervened.
"The offender's attack against his victim was unnecessary, and it was unprovoked," stated Bychok. "This attack greatly upset several inmates who were present and who witnessed the attack. One of the guards became concerned that a riot might break out if the situation was not immediately diffused."
Guards eventually subdued the victim and brought him to a secure hallway. Instead of removing himself from the situation, stated Bychok, Bracken followed the victim and the guards to the hallway.
Seeing that Bracken was following them, the victim became agitated and was taken to the ground again by two guards and handcuffed.
While the victim was being controlled on the ground by the guards, Bracken approached him, wound up and deliberately kicked him violently in the head, according to the sentencing decision.
"That kick drove the victim's head into the wall," stated Bychok. "The attack by the offender was a cowardly and gratuitous act of violence unleashed against a helpless victim. As a direct result of the two assaults, the victim suffered swelling to his forehead."
Bracken's supervisor confronted him after the first attack. The court was told that Bracken asked him, "Do I look like I give a (expletive)?"
At trial, Bracken testified that he was justified in using the force he did at the door to the kitchen but denied kicking the victim in the hallway.
The victim was a repeat offender who was well known to guards in the institution. He was cognitively impaired and described by witnesses as "child-like" and "low functioning."
"With the exception of the offender, all five guards told the court they adjusted their handling of the victim to account for his special needs," stated Bychok.
He stated that because the victim was an inmate, he was in an extremely vulnerable position with regard to the offender, and that Nunavut's historical and socio-economic realities make its overwhelmingly Inuit inmate population especially vulnerable.
"The offender was a prison guard responsible for the safety and well-being of his victim," stated Bychok. "The offender's cowardly and violent assault of the victim was a brazen and flagrant abuse of his position of authority and the public trust."
The judge further stated the offender's actions undermined the authority of all of his colleagues within the institution as well as public confidence and trust in the justice system.
Bracken's defence lawyer referenced a 2010 case in Nunavut involving an RCMP officer who was given a suspended sentence and probation for having assaulted two people in custody. The defence asked for a discharge.
The Crown, on the other hand, stated that a conditional discharge would be an unfit sentence, not in the public interest and trivialize the crime. The Crown asked for a conditional sentence in jail from 30 to 45 days.
Bychok, in his written ruling, said the sentence must be a forceful and meaningful reminder to all that the court will do what it can to prevent the abuse and mistreatment of inmates.
"The defence and preservation of the values of our free and democratic society demand no less," he stated.
Despite the victim being a frustrating inmate to manage, other guards were able to adjust their behaviour to deal with him, continued Bychok.
"Guards were trained to use their words, not their fists, and not their boots. That is precisely what was, and is, expected from correctional staff."
He wrote that the court wishes to send a message to all Nunavummiut that the dignity of each person is inviolable.
"Our society's values do not change behind a prison's walls, and those persons entrusted with authority must be the standard bearers of those values," stated Bychok.
"In all the circumstances of this case, this court rules that a period of incarceration in an institution is required."
