An investigation was launched into a Saint John jailhouse beating — after the video became public

The jailhouse assault of a New Brunswick inmate last fall resulted in two guards being investigated for allegedly abusing their authority.

However, documents obtained by CBC News suggest the investigation was launched only after videos showing guards at the Saint John Regional Correctional Centre punching inmate Scott Morrison were played in court, following an unsuccessful attempt by the province to block their release to the public.

"I think if it wasn't for that [video], this would have been swept under the rug very quickly," said Jerry Flores, a professor of sociology at the University of Toronto, who's studied incarceration and the justice system.

"Historically speaking, the institutions of confinement have been closed off. They've been walled off for a very, very long time and because of that, we actually don't know what happens until we have large events like this take place."

Morrison was convicted on eight drug trafficking offences last October and in a bid to have his sentence lessened, applied to have videos played in court showing guards at the jail punching him on Sept. 27, 2022, while he was still on remand.

That evidence included CCTV and handheld video camera footage, which Morrison argued proved his Charter rights had been violated.

In response, the province filed a separate application to block the videos and photos from being seen by anyone other than the judge, arguing they would compromise security at the jail and violate the privacy of other inmates visible in the footage.

WATCH | See CCTV video that CBC News first published in November. Caution: This video contains graphic content:

On Nov. 22, a judge rejected the province's application, allowing the videos be shown in court and shared with the public.

In December, the judge decided the actions by the guards were "excessive" and warranted a sentence reduction of four months for Morrison.

No sign of investigation after incident

When the Department of Justice and Public Safety refused to disclose whether any guards were investigated or faced disciplinary action for what happened, CBC News filed a request under the province's Right to Information and Protection of Privacy Act in January asking for all records related to the incident.

On March 27, the province released a response, which included a use-of-force report, incident reports by the guards on scene and email correspondence between leadership at the jail and senior staff at the department.

The use-of-force report shows the incident was reviewed on Sept. 30 by Dave Knowles, whose title isn't included in the documents. Another section was filled out by Michael Firlotte, identified as a correctional use-of-force reviewer.

Both suggested there were missteps in how the guards responded, however there's no indication the incident was referred up to more senior staff at the time.

In his recommendations, Knowles noted the guards displayed good use of soft physical control to restrain Morrison, but added "we need to be cautious on the number of strikes delivered and their location."

Firlotte had similar recommendations.

"When delivering distractionary strikes it is important to consider lower target areas before escalating to higher target areas," he wrote.

"Also, we must be able to articulate the rationale for each and every strike delivered and what is its intended purpose."

A section of the report where the use-of-force reviewer would forward the findings to the jail's superintendent wasn't filled out.

Investigation comes after judge's decision

On the same afternoon that a judge allowed the videos be released, Bruce Tripp, director of corrections for the Department of Justice and Public Safety, emailed Gerry Wright, the jail's superintendent, about that decision.

"Other videos will now be accessible by CBC or other agencies for specific reasons," Tripp said, in the email. "Training to prepare staff for this new norm should be developed and implemented asap."

Tripp goes on to say he presumes the guard "who allegedly assaulted this inmate" has been removed from similar responses which led to the Sept. 27 incident, referred to as "code responses."

"I understand that he is recognized as a very good [corrections officer] who has never been involved in anything like this before but addressing the issue now and offering training and follow up immediately is necessary.

He also said the professional standards unit would investigate.

That was confirmed by Chris O'Connell, senior assistant deputy minister for justice and public safety, in two emails giving notice of an investigation into alleged abuse of authority in connection with a use of force incident. The names of the recipients were redacted.

The documents package shared with CBC News doesn't include any outcomes from the investigation.

CBC News requested an interview with Wright, but one wasn't granted. In an emailed statement, Judy Désalliers, spokesperson for the Department of Justice and Public Safety, said an investigation into the actions of two officers is now complete.

She said every incident involving use of force triggers a review, and that the Sept. 27 incident was reviewed and an investigation commenced "well before" the video was played in court.

That statement, however, contradicts the documents, which show O'Connell only emailed the notices of investigation on Dec. 1 and Dec. 5.

Timing of investigation raises concerns

Evidence that an investigation didn't happen until video of the incident came out is concerning, but not a surprise, said Flores.

"The only reason that this is happening right now is … in part because the video was released," Flores said.

"It is not an accident the province was trying to block this media from coming out because it makes them look really, really bad."

Flores said it also raises questions about whether other similar incidents are occurring in jails, but not resulting in investigations.

"Currently, criminal justice agents unfortunately get to behave for the most part with impunity, and because of that, a few bad apples end up doing this sort of stuff."

An investigation of the guards involved in the incident should have been initiated as soon as it happened, said Joao Velloso, a law professor at the University of Ottawa, who studies criminal sentencing.

"If someone beat a detainee, you know they should follow up with the detainee, [ask] what happened and if he or she wants to make a complaint, and be proactive on that," Velloso said.

Velloso said it now looks like an investigation is being done, but only because video of the incident went public.

"I'm sorry to say I'm not impressed by that."