Whitehorse Daily Star

Man wants prison complaints processes probed

A Whitehorse man who has languished in jail for nearly 2 1/2 years since his arrest and later conviction for the attempted murder of two peace officers in 2011 is suing the territorial government.

By Christopher Reynolds on March 11, 2014

A Whitehorse man who has languished in jail for nearly 2 1/2 years since his arrest and later conviction for the attempted murder of two peace officers in 2011 is suing the territorial government.

Christopher Cornell, 32, filed a lawsuit in Yukon Supreme Court last Friday.

The suit claims inhumane conditions in solitary confinement, "prejudice(d) treatment” and a cover-up of "misconduct” by the Department of Justice as well as the Yukon government and the Whitehorse Correctional Centre.

Cornell is demanding damages and a higher "day ratio,” or credit, for time served in segregation when that time is subtracted from his sentence — likely to be handed down later this year.

He also called for an investigation by an outside body into the prison complaints processes and inmate treatment.

"My segregation time was unlawful and did not follow natural justice,” Cornell wrote in his statement of claim.

He spoke of "human rights and constitutional violations” throughout his time at the WCC.

"The treatment I endured has affected me physically, mentally, spiritually, legally, sexually and psychologically, with deliberate intention of harm by the Yukon Department of Justice,” Cornell stated.

He also went so far as to accuse the department of hiding "evidence ... that would show my innocence by erasing all DVR footage and/or audio.”

The lawsuit implicates the territorial corrections branch and the investigations and standards office, allegedly "involved in this cover-up of my treatment.”

Cornell's lawyer was not available for comment by press time this afternoon.

Department of Justice spokesperson Megan Foreman said late this morning the government will file a statement of defence within 14 days.

There will be no comment before that time.

Cornell has spent some of the past 29 months in the WCC segregation unit, where "problematic” inmates are held for stretches of time and allowed out of their cell only one hour per day.

Last October, a jury found that Cornell and then-girlfriend Jessica Johnson, 23, both had a role in a Haines Junction robbery and high-speed chase that climaxed in the shooting of an RCMP officer along the Alaska Highway on Sept. 26, 2011.

In addition to being found guilty of attempted murder and using violence and bear spray to rob Madley's General Store, Cornell was convicted of shooting at the vehicle carrying RCMP Cpl. Kim MacKellar and conservation officer Shane Oakley, among other offences.

The date for Cornell's sentencing on those charges remains unknown.

Early on Sept. 26, 2011, Cornell and Johnson broke into the general store.

Store custodian Frank Parent tried to restrain them and was punched in the face, breaking his nose and knocking him to the floor. He was then doused in bear spray.

The duo removed the store's safe with a pallet jack and tried to load it into a stolen vehicle.

They abandoned the effort when MacKellar and Oakley arrived on the scene in a fully-marked police truck.

A chase ensued, with the two offenders speeding north along the Alaska Highway toward Destruction Bay in the stolen SUV, both vehicles hitting 130 km/h at one point.

The pursuit ended 32 kilometres later when a bullet fired from a stolen .375 H&H rifle smashed through MacKellar's windshield.

MacKellar was hit in the eyes and chest with bullet fragments, which ripped through his police uniform and pounded his bullet-proof vest.

He required several eye surgeries, and there are still fragments in his left eye.

The Yukon Supreme Court sentenced Johnson last month to more than three years in a federal penitentiary for her role in the incident.

She received 39 1/2 months on three counts — to which she had pleaded guilty — including robbery, wounding a police officer and firing a rifle at peace officers while fleeing arrest.

She will become eligible for parole about 13 months from her sentencing date, Dec. 12, 2013.

Cornell had more time added to his name last January after being convicted on unrelated charges

He received a 14-month sentence for four offences: possession of a stolen truck and stolen boat, evading police in a high-speed getaway and "mischief” for damage to the boat.

The charges arose from an incident in September 2011 which saw Cornell careen down the Alaska Highway to avoid arrest, which he did until a second police chase two weeks later.

Justice Sheila Martin cited as mitigating factors in Cornell's sentence his post-incarceration behaviour following a previous offence as well as his First Nations status.

His dad was a residential school survivor, said defence lawyer David Tarnow, who was representing his client pro bono.

"Currently, his dad is on the streets of Whitehorse. He was never there for Mr. Cornell.”

More recently, two of Cornell's sisters died within a month of each other.

He has a daughter who currently lives with her mother.

Cornell suffers from symptoms of fetal alcohol spectrum disorder (FASD) and attention deficit hyperactive disorder (ADHD), the judge acknowledged.

Martin cited as aggravating factors Cornell's "lengthy criminal record” and history of dangerous driving dating back to 2003.

Comments (15)

Up 14 Down 2

north_of_60 on Mar 17, 2014 at 12:55 pm

These misfits are treated too well. They should be in a gulag somewhere north of Faro.

Up 34 Down 3

Anonymous on Mar 17, 2014 at 7:45 am

I think this is absolutely ridiculous and a big waste of tax dollars and public service employee time.

The WCC has many privileges offered to inmates (much more than anywhere else in this country) and still they complain. Yes inmates must still have general human rights; however, when was television, video games, magazines, books (excluding text books), etc... decided to be a right.

They get medical care, dental work and even optical whereas the average working individual can barely afford these things for themselves even with a good job and a benefits package! It is outrageous and I really wish our prison was operated on the same level as a federal prison. Maybe then repeat offenders such as Mr. Cornell would spend more time trying to become better people rather than trying to find ways to alienate the system.

Up 33 Down 2

YukonGuy on Mar 17, 2014 at 4:16 am

Max Mack......he lost all his privileges when he shot at a cop and beat the hell out of a janitor!

I personally know Chris and he has been nothing but a trouble maker since we were kids...he has been in and outta jail so many times!!!

There is no helping him....the world would be a better place if they toss him in a cell and leave him there for LIFE!

Up 7 Down 36

Max Mack on Mar 15, 2014 at 5:37 am

Mr. Cornell is a criminal, and may be all the other things that posters have stated. And, you can be sure he is going to be in jail for a long time.

However, it is important that we remember that the primary function of our justice system is remedial -- not vengeance.

Also, even so-called "desperados" like Mr. Cornell deserve to be treated humanely and fairly while incarcerated.

Up 40 Down 1

Mike on Mar 15, 2014 at 3:12 am

This guy goes from tough guy beating up an unarmed custodian and shooting at police to whining about HIS rights?

What's next, the handcuffs restricted his freedom of movement and the taxpayers payers owe him?

Every kid who thinks gangsters and criminals are cool should read this article to see how it really ends.

Up 11 Down 13

FCO on Mar 14, 2014 at 3:59 pm

You can blame FAS so many times before someone gets killed. This guy is mentally handicapped and should be under supervision for the duration of his life. Obviously no excuse just a classic case of recidivism as a result of mitigating factors. Too bad the Justice system is only now realizing that 75% of the inmate population is occupied by FAS offenders and those with mental disorders.

Up 53 Down 1

Community Gal on Mar 14, 2014 at 1:04 am

Poor Chris, he has always been able to bully and cause hurt and humiliation. The WCC must really be putting a damper on his mischief. Rather than have him languish there, send him to the Pen where he will be more comfortable and people will be nicer to him.

Up 44 Down 3

Do Gooders on Mar 13, 2014 at 12:37 am

The do gooders and lawyers have created a system where the offenders have all the rights. Victms, the justice workers and the public are held hostage by their types of accusations. When is enough enough. Cornell should be placed in a cell, get his meals, get his hours of fresh air and no other contact, seems his contact to the legal system has resulted in too much reading and ways to try and mess with the system, cost tax payers piles of $$$ defending its system, the workers and policies in place. His accusations or so wide and all encompassing how does one even start to defend. Pointless

Up 44 Down 2

Josey Wales on Mar 13, 2014 at 12:16 am

Hey June...I read your input often and this one June is stellar! I have a few things to say as well on this pariah, but the "moderator" usually hacks my posts into gibberish with THE context gone or heavily censored.

Soooooo, today I waste not my time on this waste of skin and my usual comments on scumbags whom predate others.

Up 46 Down 5

Frank on Mar 12, 2014 at 1:33 pm

Poor man, he sounds like a victim in the jail process.

His emotional well being is not being considered.

Lets have a moment of silence and let him serve out his well deserved time in jail.

Up 53 Down 3

YukonGuy on Mar 12, 2014 at 10:17 am

He has been a menace to society since he was a kid. He clearly can't follow the rules that society has set out to keep everyone safe....he shouldn't even be allowed a tv, exercise privileges, library privileges or anything until he earns them...last time I checked tv was a privilege ..... It's not suppose to be a holiday for these people....poor baby got treated a bit unfair? How fair was it to beat Frank Parent and shoot at Officer Mckeller and Shane Oakley? Not to mention put their family's through hell....I have no sympathy for him...in fact I think he is getting off way to easy by being allowed to stay at the Whitehorse "hotel and spa"...oh I mean the Whitehorse Correction Centre ...

Up 86 Down 4

June Jackson on Mar 12, 2014 at 2:03 am

Mr. Cornell is a chronic offender and will likely spend most of his life in prison. His life has been spent making trouble, being in trouble, looking for trouble and obviously finding it.

His mentality is a costly one, as in his entitled world, not only does society owe him, but it has provided the means for him to voice his persecution complex incessantly, again, irregardless of the cost. How come there is not a review panel that has the authority to judge an appeal as "frivolous" and disallow it? Who is paying for the lawyer for all these appeals? I'm pretty sure its going to be taxpayers..and once again, the only one winning is...the lawyer.

Up 94 Down 5

frivolous on Mar 11, 2014 at 11:58 pm

When can the "system" counter sue these type of characters. Lengthy record, continuous appeals, internal appeals... Please courts, ombudsmun, Do J stand up to this chaos, this jack ass is costly us hundreds of thousands a year to house and now he is adding to that bill by overwhelming internal processes as well as the watchdogs. Papers recently said he was before the court for sentencing but they are seeking a dangerous offender status, how about a frivolous complainer status, where all his whining is ignored.

Enough is enough, it seems he has created many, many victims and now is terrorizing Do J staff at the expense of the taxpayer

Up 97 Down 5

Dan on Mar 11, 2014 at 9:24 am

You're where you belong get used to it. "Can't Do The Time...Don't do the Crime". You'll hear that one lots when yer whinein in the Pen.

Up 136 Down 13

flyingfur on Mar 11, 2014 at 7:07 am

Chris: Here's a suggestion. Don't try and kill police officers and you won't have problems with the accomodations.

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