Background:
Justin Gerald Clillie, an inmate at the North Slave Correctional Complex (NSCC), sued Jason Mark Bard and the Commissioner of the Northwest Territories (GNWT) after Bard, a fellow inmate with a violent history, randomly attacked him. The attack caused Clillie significant injuries, including a concussion and lacerations. Clillie alleged that NSCC staff failed to prevent the attack by neglecting to address Bard’s threat and by not gathering Bard’s criminal and institutional history promptly.

Legal Issues:
The court examined whether NSCC staff breached their duty of care by failing to obtain and act on Bard’s history of violence and adequately responding to his specific threat before the attack. It also addressed whether any alleged negligence caused Clillie’s injuries. Finally, the court considered what amount of damages would be appropriate if liability were found.

Court Findings:
The court concluded that NSCC staff did not breach their duty of care. The response to Bard’s threat—using de-escalation techniques—was consistent with NSCC policies, which prioritize minimally restrictive measures. The court found that the attack was not foreseeable and that delays in accessing Bard’s records would not have altered staff actions.

Damages and Costs:
Although the court assessed general damages at $20,000, it dismissed Clillie’s claim against the GNWT. Costs were deferred for a later hearing. This decision highlighted the stringent requirements for proving negligence and causation in custodial settings.