Warning: This story contains descriptions of sexual assault.
A British Columbia Supreme Court judge has certified a class-action lawsuit alleging the province failed to address reports of sexual assault by a B.C. prison guard over more than two decades.
The lawsuit alleges Roderic David MacDougall sexually assaulted more than 200 over his career at four different facilities between 1976 and 1997.
The lead plaintiff in the class action, identified only as D.W., alleges he was sexually abused by MacDougall at Oakalla Prison in Burnaby.
The lawsuit, initially filed in May 2024, also names the Province of British Columbia as a defendant.
MacDougall’s alleged sexual misconduct includes masturbating in front of individuals, forced touching of genitals, performing and forcing individuals to perform oral sex, and forced anal penetration.
The lawsuit alleges MacDougall offered individuals privileges or better placements in correctional centres in exchange for sexual acts, or threatened to place them in less desirable or dangerous situations if they resisted.
It says the alleged misconduct occurred while MacDougall was working at Oakalla Prison/Lower Mainland Regional Correctional Centre, Fraser Regional Correctional Centre, Surrey Justice Centre Probation Office and Allouette River Correctional Centre.
“At material times, the Provincial Crown failed to adequately supervise, direct and/or discipline MacDougall upon becoming aware of reports by inmates and correctional officers of the Sexual Abuse,” the lawsuit says.
The allegations have not been proven in court.
Multiple other lawsuits have been filed against MacDougall. He was found guilty in 2000 on seven counts of sexual assault, indecent assault and extortion against five youths between 1981 and 1990.
Vancouver-based law firm Slater Vecchio LLP said victims of alleged sexual misconduct by MacDougall will be automatically included in the class action unless they choose to opt out.
It said those who wish to remain in the class action are encouraged to submit their information through the case website at bcprisonclassaction.com.
The firm said mediation is scheduled for this fall.
