The plaintiffs, Calla and Jessica Payne, daughters of Martin Payne, are seeking damages and costs from CSC for the loss of their father. “THE [plaintiffs] have suffered severe psychological harm, including depression, anxiety, post-traumatic stress and distress over the loss of their father,” says the suit, which was filed earlier in July in BC Supreme Court. None of her claims have been proven in court. CSC has yet to respond to this, but has told the media that it is aware of it.
Payne was fatally attacked after the prisoners escaped
In July 2019, James Lee Busch and Zachary Armitage escaped from the William Head Foundation in the Metchosin area, about a 30-minute drive west of Victoria, by walking around a fence at low tide. The two had previously been transferred to William Head in Metchosin, a minimum-security prison, from a medium-security penitentiary in Mission on the mainland. James Lee Busch and Zachary Armitage have been charged with first-degree murder in the death of a Metchosin, BC man. The crime allegedly occurred while they were on the run after escaping from William Head Institution. (West Shore RCMP) Bush, 40, was serving an indeterminate sentence for second-degree murder and assault. Armitage, in his early 30s, was convicted of offenses including aggravated assault and aggravated robbery. The pair were found and arrested nearly two days after their escape, according to police. Days later, however, Martin Payne, who lived about five miles from William Head, was found dead at his home, while his vehicle was discovered in the Victoria suburb of Oak Bay. It is alleged that Busch and Armitage fatally attacked Payne. Busch and Armitage were later charged with one count of first-degree murder in connection with his death. Their trial is set to begin this fall. Meanwhile, a lawsuit by Payne’s daughters claims his death could have been avoided if CSC had not transferred Bush and Armitage to William Head in the first place. He says the pair should never have been reclassified as low risk, allowing them to be at William Head. He also claims the CSC failed to adequately supervise the prisoners at William Head and should have done more to warn the community of their escape. The lawsuit states that the morning after their escape, CSC posted a message on Twitter saying the inmates had escaped and that the agency was working with police to locate them.
“Negligent, reckless and contrary”
“It was a direct and foreseeable consequence of CSC’s breach of the standard of care [inmates] escaped from the William Head Institution and fatally attacked Mr. Payne and caused harm to [plaintiffs],” the suit reads. “THE [inmates’] The escape from William Head on July 7, 2019 was the result of operational decisions made by CSC and its employees that were negligent, reckless and contrary to CSC policy.” In November 2019, Busch and Armitage each pleaded guilty to escaping custody and were sentenced to 12 months in addition to the sentences they were already serving. They were charged with first-degree murder in connection with the June 2020 death of Martin Payne.
