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Sleepy Hollow cells
A man who was an inmate at the Provincial Correctional Centre when he allegedly fell and hurt himself on wet stairs has filed a lawsuit against several parties, including the province and the jail’s manager.
Mark Adam MacKinnon filed a statement of claim on Sept. 9 against the province, P.E.I.’s justice minister, the jail’s manager Kim Kempton and unknown parties who work at the correctional centre.
In his statement of claim, MacKinnon alleged he fell on a set of stairs in the jail on Dec. 2, 2012, which led to him hurting his shoulder, back and head.
Among MacKinnon’s allegations was that the provincial government was negligent when it failed to take steps to keep water from a pipe leaking near the stairs from making the steps slippery.
The allegations went further with MacKinnon saying Kempton and the government allowed the destruction of a videotape that showed the accident. MacKinnon alleged he submitted a request under the Freedom of Information and Privacy Protection (FOIPP) Act that sought all information relevant to the accident.
The Environment, Labour and Justice Department failed to disclose one or more relevant emails or computer files so he sent a follow-up request, MacKinnon said.
He also alleged jail staff violated his attorney-client relationship by opening mail his lawyer sent him, including an envelope that was marked “confidential from legal counsel.”
During a search of his cell, MacKinnon’s legal paperwork was disturbed in further violation of his attorney-client relationship, he said.
MacKinnon’s claim said he incurred higher legal costs because his lawyer had to go to the jail in order to ensure their communications remained confidential.
An attempt was made to contact the Justice Department about the claim, but a spokesman said the department won’t comment while it is before the courts. The defendants have yet to file defences and none of the allegations have been proven in court.