Violent killer launches lawsuit, alleging torture at hands of Selkirk Mental Health Centre

A Manitoba man who strangled his stepmother to death and then set her bed on fire is suing a provincial mental health centre, alleging his charter rights were violated and he was kept in solitary confinement under conditions that amounted to torture.

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Earl Joey Wiebe made the allegations against the Selkirk Mental Health Centre and the attorney general of Manitoba in a statement of claim filed with Manitoba's Court of Queen's Bench last week.

Wiebe, who was committed to the Selkirk Mental Health Centre in 2002, alleges the defendants were "reckless in their disregard" for his safety and subjected him to lengths of solitary confinement that violated United Nations guidelines against torture.

The UN Convention against Torture defines it as an intentional act that causes severe pain or suffering — whether physical or mental — intended to obtain a confession, or serve as a punishment or intimidation.

A judge found Wiebe not criminally responsible for second-degree murder for the May 2000 slaying of 39-year-old Candis Mozier because he was mentally ill.

Sexual relationship with nursing student

Wiebe was committed to the Selkirk Mental Health Centre and spent about two years in varying degrees of high-security solitary confinement, after a fellow patient accused him of extortion and uttering threats.

He briefly escaped custody in 2006 and in 2009, Wiebe was found to be having a sexual relationship with a female nursing student at the hospital. He was also found with contraband, which led to him being put in high-security isolation.

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According to his lawsuit, the Selkirk Mental Health Centre said he posed a security risk it was unable to manage.

In 2010, staff placed him back in solitary confinement for about three months with no contact with other patients or access to fresh air.

Couldn't call lawyer

"The conditions of his isolations were so severe, that the Plaintiff suffered suicidal ideations, panic, and anxiety attacks," Wiebe's statement of claim alleges.

Later in 2010, Wiebe broke the fire sprinkler in his cell, leading to his arrest and removal from the mental health centre. After spending two years in jail, he returned to SMHC. Shortly after his return, he was charged with assaulting two staff members and threatening three others, which resulted in being placed in isolation again.

Wiebe's statement of claim says during his time in isolation he wasn't allowed to contact his lawyer, Stacey Soldier, or the Manitoba ombudsman except during special times.

Soldier told CBC News on Tuesday she is no longer representing Wiebe, who also alleges he was subjected to humiliating and degrading security procedures such as being forced to his knees to receive medication and being placed under the care of a private security firm with no psychiatric expertise.

He also says he was told to go to the bathroom in this middle of the floor over a small drain, despite the fact the cell had its own washroom behind a locked door that was controlled remotely from a switchboard.

He also says staff limited how many squares of toilet paper he was allowed to use at a time and he had to wait up to 40 minutes to receive more.

'Blatant disregard' for safety

The lawsuit argues the mental health centre showed "blatant disregard for the Plaintiff's safety" that was "outrageous."

Wiebe alleges the centre's actions resulted in multiple violations of his charter rights, including deprivation of liberty and dignity, as well as cruel and unusual treatment.

None of the allegations have been proven in court and no statement of defence has been filed. A government spokesperson said the province will review the statement of claim to determine next steps.

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Wiebe is representing himself in the lawsuit, which says he is currently in a federal jail in Mission, B.C., and expected to be transferred to Stony Mountain Institution in Manitoba later this summer.

A Correctional Services Canada spokesperson said Wiebe is serving a five-year sentence that ends this October for mischief causing danger to life, two counts of assault and uttering threats.

Once he's finished serving his sentence, the Manitoba Criminal Code Review Board would regain jurisdiction over his case and a new hearing would likely be held, said board chair John Stefaniuk.

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Because Wiebe was found not criminally responsible for the 2000 slaying, he is required to check in yearly with the review board, which decides if he should be granted privileges such as being able to leave the hospital.