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‘Comic report’ contained lewd questions

Two years later, Wilson wrote, MacDougall was suspended again for giving what he called a “comic report” to a young inmate — a two-page typed questionnaire entitled “Application For A Piece of Ass,” which asked a series of lewd questions about body parts and sex. MacDougall claimed he was not trying to harass the inmate and was just acting “in jest.” Again, he was allowed to return to his job.

John Smith, who has alleged he was abused by MacDougall in Oakalla in 1986 when he was 16, was incarcerated in Alouette in 1995 when he wanted a day pass — and the guard in charge of granting passes was MacDougall. His temporary leave was granted in exchange for fellatio, Fraser, the trial judge, wrote in the 2006 ruling of Smith’s civil suit.

Smith had obeyed the “con code” all those years in and out of jail — the unspoken rule that you don’t rat on anyone else in prison. But one day in Alouette in 1996, Smith had the courage to break this rule and “blew the whistle on this guy,” his former lawyer Ellis said.

Smith testified at his civil trial that he became concerned when he saw MacDougall call “young kids” to his office. “And I just know by the look in their eyes what was going on. I just know. They had the same look that I had when I was that age,” according to a factum filed by Ellis with the Court of Appeal.

Wilson’s report confirms that Smith told a Corrections officer at Alouette that he had allegedly been sexually abused several times. MacDougall was suspended during the investigation into Smith’s complaints, but successfully appealed his suspension, collected his back pay and had Smith’s complaint removed from his personnel file, according to Wilson’s report.