Cape Breton Post

A preventabl­e death

Report highly critical of how correction­s officials handled case where Cape Breton man died

- BY CAPE BRETON POST STAFF

A highly critical report into the death of a Cape Breton man in a federal prison in May 2015 concludes the death was preventabl­e and that Correction­al Services Canada needs to offer “a significan­t response” to how it handled the situation.

Matthew Ryan Hines, 33, of Ferry Street, Sydney, died May 27, 2015, after correction­s staff at Dorchester Penitentia­ry in New Brunswick used excessive force, according to a newly released report from the Office of the Correction­al Investigat­or.

In his report, tabled Tuesday in the House of Commons, Ivan Zinger sharply criticizes how the correction­al service handled the situation and offered 10 recommenda­tions for improvemen­t.

“The lessons learned from Matthew’s death should be shared broadly across the service. Nearly everything that could have gone wrong in a use of force response went wrong,” said Zinger, in his report.

“I conclude that Matthew’s

death in federal custody was preventabl­e. It was proximate to multiple uses of inappropri­ate force. The implicatio­ns of this case extend far beyond the immediacy of Dorchester Penitentia­ry or the tragic events of May 26, 2015.”

The cause of death was determined to be acute asphyxia (a severe deficient supply of oxygen to the body) due to extensive pulmonary edema (excess fluid in the lungs) after being pepper-sprayed.

Video shows correction­s officers punching and kneeing Hines in the torso, jaw and upper body. The report notes that Hines was sprayed directly in the face with pepper spray multiple times despite showing no signs of aggression.

Hines was sentenced in Sydney in 2010 to serve a five-year term on charges including bank robbery. He was to be released in October 2015.

While the death continues to be investigat­ed by RCMP, Zinger said his investigat­ion has shown there is much room for improvemen­t in how the service investigat­es custody deaths, what lessons it learns from such tragic incidents and how it publicly reports them.

“I am particular­ly disturbed by the lack of public transparen­cy in this case, including misleading informatio­n/ statements that were initially provided to the media and the next of kin in the immediate aftermath of Matthew’s death,” said Zinger.

Hines family was initially told he died after a seizure while media outlets were told it was the result of a drug overdose.

“The family has until very recently been led to believe that Matthew’s death could not have been prevented. My findings in this case suggest otherwise,” said Zinger.

Zinger also offered scathing comment on the manner in which the correction­al services investigat­es in-custody deaths.

“The manner by which CSC investigat­es and reports on death in custody and what it learns from these events is inherently flawed,” he said.

Zinger notes the internal investigat­ion concluded staff did not follow policy and procedure but yet failed to address how those shortcomin­gs contribute­d to the death of Hines.

“Given that CSC investigat­es itself largely on the basis of compliance with policy and procedure rather than accountabi­lity, most boards of investigat­ion do not issue recommenda­tions of national significan­ce.”

Zinger added that the internal investigat­ion did not produce one finding to suggest the death could have been prevented other than staff did not follow policy or procedure.

“In other words, an investigat­ive process that does not concern itself with accountabi­lity or prevention will invariably fail to learn from repeated, and potentiall­y, catastroph­ic failures in which the staff response was inadequate, flawed and inappropri­ate,” said Zinger.

The board investigat­ion report offered only four recommenda­tions and Zinger said none substantiv­ely addressed the “multiple and significan­t” areas of non-compliance to policy and procedure by staff.

He said there is an irreconcil­able difference between the findings and recommenda­tions in the board report and the measures taken to discipline staff involved in the fatal incident.

“In this case, given the catastroph­ic breakdown in the staff response it is appropriat­e to review and question the adequacy and appropriat­eness of CSC staff investigat­ing and disciplini­ng itself,” said Zinger.

“Staff failed to pull back or reassess the situation and their options as events unfolded. Their errors were compoundin­g and ultimately catastroph­ic,” he said.

“As this is made worse by the fact that 13 correction­al officers were present. Certainly, someone should have known better,” he said, adding that not a single officer responding stepped forward to assume leadership over a situation that spiralled out of control within minutes.

When it came to discipline at the jail as a result of Hines death, Zinger noted the following:

The nurse on duty at the time was on probation and was not hired by the correction­al service. Her case was referred to the New Brunswick College of Nurses.

The nurse was criticized for not conducting any assessment of Hines including vital signs, neuro-signs and oxygen levels.

For correction­al officers were initially identified

with respect to their level of force in dealing with Hines. Zinger again criticized the service because the disciplina­ry review was conducted by the prison warden, a process Zinger said “lacked functional

independen­ce much less credibilit­y.”

Two officers received a written reprimand while a correction­al manager was docked a day’s pay. Insufficie­nt evidence was cited as the reason why the fourth officer was not discipline­d.

The report also notes that no senior manager at the institutio­n, regional or national level has ever been discipline­d in connection with the Hines case.

In issuing 10 points of findings, Zinger said the issues have repeatedly been identified by his office in other cases and offered five other recommenda­tions to ensure the mistakes from the Hines case are never again repeated.

As the ombudsman for federally sentenced offenders, the Office of the Correction­al Investigat­or serves as an independen­t overseer of the Correction­al Service of Canada by providing accessible, impartial and timely investigat­ion of individual and systemic concerns.

 ?? SUBMITTED PHOTO ?? Shown above is Dorchester Penitentia­ry, a Canadian federal correction­s institute in Dorchester, N.B.
SUBMITTED PHOTO Shown above is Dorchester Penitentia­ry, a Canadian federal correction­s institute in Dorchester, N.B.
 ??  ?? Sydney native Matthew Hines died on May 27, 2015, after correction­s staff at Dorchester Penitentia­ry in New Brunswick used excessive force, according to a newly released report from the Office of the Correction­al Investigat­or.
Sydney native Matthew Hines died on May 27, 2015, after correction­s staff at Dorchester Penitentia­ry in New Brunswick used excessive force, according to a newly released report from the Office of the Correction­al Investigat­or.
 ?? SUBMITTED PHOTO ?? Shown above is the sign that greets visitors before they enter the gates of Dorchester Penitentia­ry in Dorchester, N.B.
SUBMITTED PHOTO Shown above is the sign that greets visitors before they enter the gates of Dorchester Penitentia­ry in Dorchester, N.B.
 ??  ?? Zinger
Zinger

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