An inmate at a federal prison in B.C. who claimed he was discriminated against after allegedly being denied access to a doctor, dentist and electric blanket has been ordered to pay $100 to deter future “trivial and needlessly complex” cases.
Nathaniel Moll had filed two grievances with the Correctional Service of Canada regarding access to adequate medical care at the Mission Institute, a federal penitentiary in B.C.’s Lower Mainland. Those grievances were denied, prompting Moll to seek a judicial review in federal court.
In a decision Thursday, Federal Justice Simon Fothergill said the inmate had faced a persistent ear condition since the start of 2021, one that he said caused “continuous pain and a ringing sound” and required an ear, nose and throat doctor.
In 2022, the acting assistant commissioner for Health Services found that if Moll’s grievances were true, they might constitute “discrimination.” But ultimately, the official found no evidence the man had been denied medical treatment.
The official upheld Moll’s grievances in part when it came to his requests for a heating pad or electric blanket.
Transferred to the Mission Institute from another penitentiary in Alberta, Moll submitted a third grievance in 2024 over the refusal of a purchase order for a heating pad and access to toothpaste for sensitive teeth.
The inmate, whose criminal record was redacted from the ruling, demanded $1 million in damages for pain and suffering, according to Fothergill's ruling.
Instead of the heating pad, Moll was authorized to purchase a hot water bottle. He later complained the hot water bottle was too small and received a larger one.
A “lengthy chronology” of Moll’s medical treatment indicated to the judge that Moll had met with health-care providers 45 times between January 2021 and October 2022.
“Mr. Moll complains that his ear condition is not resolved. However, this cannot reasonably be attributed to a lack of access to medical care,” wrote the justice.
Fothergill found the acting assistant commissioner’s determination that Moll had received adequate medical care, and was not discriminated against, was reasonable.
The justice found Moll’s application for judicial review was “trivial and needlessly complex.” He was ordered to pay $100 as a deterrent for “similar meritless applications in the future.”
