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Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 101023
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My wife put her ex in jail her arm and criminal haresment he

Customer Question

my wife put her ex in jail for breaking her arm and criminal haresment he was put on a order not to contact her well he sent her over 30 letters while he is still in jail he was even giving more jail time for them my wife is so scared of him the letters harassed her very bad.The jail new he was not aloude to contact her and they still aloude him to seened her letters can I sue the jail for allowing the criminal harassment to keep happing for mounths and he still sends letters to her friends sorry for the crappy spelling can someone help me please
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 1 year ago.

Did you report this to the administration at the jail?

Customer: replied 1 year ago.
three times she called the jail he has been convicted of criminal harrsment for the letters in his trial she even told the judge she called the jail and they still aloude it
Expert:  Legal Ease replied 1 year ago.

What was the explanation provided by the administration of the jail?

Customer: replied 1 year ago.
They said it was possible the inmate is having other inmates send the letters for him. I advised that his name is ***** ***** back of the envelopes and written as return sender. I advised them of the false names he was using to send these letters, my name is***** Thibeault he would send the letters to: (Jessie Smith( Rick' AKA Lincoln Smith), Adele Thibeault,Jessica Beckwith) He would also send letters in my roomates and her childrens name. All of these letters and envelopes were submitted as evidence in his trial for harassment. I advised the crown of the stress this was causing and he advised to call the correction center again. I made 3 attempts in 2 months to have him stop sending me letters. My roommates and I moved, We collected at least 5 more letters from 95 Spadina before we were satisfied that all of our necessary mail had been forwarded to the new address.
Expert:  Legal Ease replied 1 year ago.

It is not likely that you will succeed in suing the correctional facility.

This is suing the government and very difficult to do successfully.

You would need a senior lawyer to do this for you, then you would have to prove they were negligent and then you would need expert medical or psychiatric reports to prove damages.

It may make more sense to press the Crown to charge this man again and again so that he will remain in prison. That is what I suggest you do and make it clear that the correctional facility is not taking any responsibility.

There is another route you can go if the Crown will not assist you.

You can attend at the Justice of the Peace's office in any criminal court.

You simply walk in, tell the JP's secretary what you want to do, and he/she will give you a form to fill out (basic information and your allegations).

Then after you hand it in, you'll speak to the JP and explain the basis for the allegations.

Then if the JP decides there is enough to lay the information, he/she will schedule a pre-enquete (relatively brief in camera hearing to determine whether or not to proceed).

Be prepared to bring any evidence or witnesses you might have for that.