Workers at the Joyceville Institution have begun a class-action lawsuit against the federal government after a list containing their personal information was found in the hands of inmates in 2003.

Between 400 and 600 employees and their spouses could join the claim of negligence and breach of privacy against Correctional Service Canada, said Christopher Edwards, the plaintiffs' Kingston lawyer.

The trial is expected to begin late next year.

A prisoner obtained a list of home addresses and phone numbers of about 300 guards, parole officers and clerks at the medium-security prison, allegedly while moving filing cabinets after a flood.

Correctional staff recovered the list, dated Feb. 22, 2001, and marked "protected." But several names had been highlighted, according to court documents.

And the Union of Canadian Correctional Officers told the Citizen in 2003 that the list had been up for auction on the prison's black market.

The exposure spooked many workers and led to complaints to the federal privacy commissioner.

The lawsuit, brought by a prison guard and the spouse of another guard, claims that Correctional Service Canada breached policy directives and statutory and fiduciary duties toward its employees.

The government has repeatedly denied the claims.

The Ontario Court of Appeal ruled in September 2006 that the plaintiffs can also sue under Section 7 of the Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person.

"This is a rather novel class-action in the sense that it is one of the first to go forward on the basis of violation of privacy rights," Mr. Edwards said.

That means there's little judicial precedent on financial compensation, and Mr. Edwards would not discuss any damage estimates.

"We've been arguing all along that we feel a breach of privacy is akin to a breach of human rights, because privacy has been recognized by the United Nations as a fundamental human right," he said.

The lawsuit is open to any Joyceville Institution employees between August and December 2003 whose names were on the "Employee Address Listing."

The 640-acre facility, opened in 1959, is about 20 kilometres north of Kingston between Highway 15 and the Rideau Canal.

It normally houses about 450 male inmates.

© The Ottawa Citizen 2007