Civil Law · Ontario, Canada
Lawyer · Kevin A. Egan Law Professional Corporation · London
Kevin strongly believes that those who can, ought to give back to their community. For the past several years he has been actively involved in coaching and managing minor sports within the City of London. He has served seven terms as the President of the London Junior Knights Hockey Association, the elite level for competitive minor hockey within the city, 3 terms as Past President, 2 terms as Director of Fundraising and one term as Director at Large .
Kevin remains keenly interested in providing programs and other assistance so that young people have an opportunity to develop their skills and their character through sport.
In Henebry v. Her Majesty the Queen , the first case ever to go to trial regarding conditions and treatment at Elgin Middlesex Detention Centre, Kevin Egan argued for and won damages, not only in negligence, but for violations of s. 12 of the Canadian Charter of Rights and Freedoms - the prohibition against cruel and unusual treatment or punishment. Justice Jonathon George found :
[297] The threshold for establishing a s. 12 violation is high,..The Supreme Court has used various expressions to describe this high bar: “so excessive as to outrage standards of decency”; “grossly disproportionate to what would have been appropriate”; “grossly disproportionate for the offender, such that Canadians would find the punishment abhorrent or intolerable”. ...[298] Such findings should be, and have been, rare. ... However, in this case [311] The evidence establishes a Charter infringement. Jesse’s right to not be subjected to cruel and unusual treatment was violated.
In assessing these damages, I am mindful of the moral obligation to show humanity and treat everyone with dignity and respect. I find that - far too often - we, society at large, pay insufficient attention to the conditions in correctional facilities. The prevailing public sentiment seems to be that those in jail deserve to be there, and what happens to them while inside is what they had coming to them. This ignorant view fails to recognize that many inmates are in custody for crimes they have not yet been convicted of, and that some are wrongly accused and innocent. Just because there are consequences for bad behaviour, and just because people must sometimes be separated from society, does not mean they should be subjected to violence and degradation at the hands of, or with the enc