Amid latest London jail death, inquest into seven previous fatalities sputters

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Even as another fatality at Elgin-Middlesex Detention Centre was reported Friday, the province launched a legal battle that threatens to derail the inquest into the deaths of seven other men.

The Ministry of the Solicitor General wants to curb the inquest’s examination of staffing levels, family supports and programming at EMDC, and in those efforts, sought and received an adjournment of the inquest.

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The adjournment alone, never mind another legal battle the ministry is considering, likely will cause the long-awaited inquest to be put on hold for months, and deny grieving families a chance for closure, lawyers warned at the adjournment hearing.

“It’s a technical legal stunt, from the families’ perspective, that is preventing them from seeing a process through that is supposed to answer questions,” Christa Big Canoe of Aboriginal Legal Services said.

Without knowing about the latest death, Big Canoe noted there have been several since the seven prompting this inquest.

“The need for prevention is a real thing. It’s important we do not delay this more than necessary,” she said.

Families of the deceased have waited from three to seven years to get answers, London lawyer Kevin Egan said. Egan and Big Canoe are representing the families of the men.

“It appears to us the ministry has taken steps to derail and delay this process,” Egan said at the hearing.

“The very entity, the ministry, that should want to know what a well-informed jury recommends so people don’t continue to die under their watch, appears bent on preventing the jury from a full understanding of those facts and conditions of those deaths.”

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But a ministry lawyer said there was nothing “nefarious” about its legal moves.

“The ministry is not trying to hide or escape from any issues,” lawyer Adrian Iafrate said.

The public, legal debate over the scope was only one unusual element of the inquest Friday.

The hearing directly pitted lawyers for the provincial Ministry of the Solicitor General against coroner’s counsel, a lawyer with the provincial Ministry of the Attorney General, who opposes limits on the inquest scope.

In a far more bitter bit of irony, as arguments at the hearing Friday were nearing an end, London police issued a news release that another inmate had died. This was the 23rd death at the troubled jail since 2009.

The seven inmates who are the subject of this inquest died from 2017 to 2021.  The inquest was supposed to start Oct. 21.

At an April 29, 2024, meeting, presiding coroner John Carlisle shared with lawyers representing different parties the proposed scope of the inquest, which focused on six different issues, including supports for people with substance abuse, suicide prevention and Indigenous-specific services. Three of the men who died were Indigenous.

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Ten days before the inquest was supposed to start, on Oct. 11, lawyers for the ministry of the solicitor general applied to have the scope of the inquiry limited.

The ministry argued a potential lack of programming and staffing levels at EMDC shouldn’t be examined because there was no evidence those factors contributed to the men’s deaths.

The ministry also opposes testimony from family members about the lack of support after inmates die, arguing that’s not relevant because it relates to matters after the deaths.

Coroner’s counsel, Julian Roy, and the lawyers for the families argued the issues should remain part of the inquest.

Carlisle issued his ruling Oct. 23, dismissing the ministry’s application to limit the scope of the inquest.

Examining recreational, vocational or rehabilitative programming at EMDC is important because “none of the deceased had access to programming prior to their deaths. Therefore, this inquest will explore how access to programming at EMDC might be utilized to prevent similar deaths,” Carlisle ruled.

Correctional records show the deaths of the seven men were “replete with evidence of staffing shortages,” Carlisle said.

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That suggests examining staff retention and absenteeism should be part of the inquest, he said.

Allowing families to testify may lead to jury recommendations directed at supporting not only grieving relatives, but correctional officers, police offices and inmates affected by deaths, Carlisle ruled.

Ministry lawyers on Friday requested a week’s adjournment to seek instruction from the province about taking the matter to divisional court for a judicial review.

Lawyers for the family argued that was too long, with Big Canoe suggesting two business days was plenty of time.

Carlisle agreed to give an adjournment, without putting a time limit on it but urging the lawyers to get an answer quickly from the province.

Whatever happens, given the availability of lawyers and the difficulty scheduling a jury, the adjournment likely effectively puts the inquest on hold for weeks or months, the hearing was told.

A judicial review of Carlisle’s ruling could put the inquest off even further.

Coroner’s inquests are mandatory for jail deaths in Ontario. Inquest juries examine the causes and circumstances of deaths, and may make recommendations to prevent future deaths.

This inquest was set up to examine the deaths of:

• Raymond Major, 52, who died June 6, 2017
• Ronald Jenkins, 49, who died Dec. 9, 2017
• James Pigeau, 32, who died Jan. 7, 2018
• Sean Tourand-Brightman, 33, who died March 31, 2019
• Chase Blanchard, 29, who died on June 21, 2019
• Malcom Ripley, 41, who died Nov. 25, 2020
• Clayton Bissonnette, 61, who died March 24, 2021

rrichmond@postmedia.com

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