Sask. asks court to penalize Anishinabe man over published jail videos experts say show torture
CBC
Saskatchewan Premier Scott Moe's government is asking the provincial court to penalize an Anishinabe man for allegedly breaching court rules following the publication of information and video from inside a youth jail showing staff immobilizing him with a full body restraint device while he wept, hyperventilated and asked for death.
The August 2010 internal jail video captured several moments inside Regina's Paul Dojack Youth Centre. According to the video and files obtained by CBC News, Matthew Michel, then 15, was bound for two hours in a device called the Wrap, which kept his body restrained in a forward sitting position at a near 45-degree angle with his hands cuffed behind his back.
Moe's government is asking the Court of King's Bench to impose a "substantial penalty" against Michel following reporting by CBC News about his treatment while in the youth correctional system, according to a recent notice of application filed in court.
Saskatchewan claims in the court filing that the "videos, pictures and documents" used in reporting by CBC News came "from the materials that Saskatchewan disclosed" as part of litigation filed by Michel against the provincial government.
Michel, now 28, is from Fishing Lake First Nation in Saskatchewan. He alleges in a statement of claim filed against the province that he suffers lasting trauma from the "torture" he underwent as a result of repeated use of the Wrap.
The Saskatchewan government denies any wrongdoing and says that its use of the Wrap properly followed regulations.
Saskatchewan claims that Michel improperly shared material and says it wants the court to either financially penalize Michel or stay or dismiss his lawsuit. A hearing is set for Oct. 31.
The Saskatchewan government began tracking the use of the Wrap on July 1, 2023, following CBC News's reporting, according to an Aug. 9 letter from the former provincial minister of corrections Christine Tell, obtained by CBC News.
In an emailed statement, the Saskatchewan government repeated its core court filing argument around its claims that the material was improperly shared, and said it could not provide further comment as the matter was before the courts.
The Saskatchewan NDP said in a statement to CBC News that it would not comment on ongoing litigation, but said it believed the government was not "being honest and transparent" about its use of the Wrap.
"We were deeply shocked and upset upon reviewing reports and video involving Mr. Michel and the use of the wrap in Saskatchewan youth custody facilities," said the statement.
"At no time, ever, should this be used as a primary device to enforce compliance."
John Hill, a retired lawyer who speciliazed in prison law, described what he saw in the videos as akin to "torture." Hill called Saskatchewan's court filing an "intimidation move" against Michel.
"They are punishing the young man," said Hill, who taught law at Queen's and Windsor universities.
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