Prisoner’s death raises concerns about care

HALIFAX • The disturbing death of a Cape Breton man who was pepper sprayed four times in the face in rapid succession raises concerns about both how guards restrain inmates and the quality of health care afterward, says Canada’s correctional investigator.

Howard Sapers said his office is delving further into the circumstances surrounding the death of 33-year-old Matthew Hines after the release of a board of investigation report into his death last May following a struggle with guards at Dorchester Penitentiary in New Brunswick.

“When we took a look at the circumstances surrounding his death it raised some concerns … around the use of force and the medical response to his situation,” said the federal watchdog, who has access to full, uncensored accounts of the deaths.

The report prepared for Correctional Service Canada says correctional officers used five blasts of pepper spray, including four administered to Hines’ face just seconds apart on May 26, after the 33-year-old inmate refused to return to his cell.

The three-person panel says the use of force was inappropriate, noting that Hines was “under sufficient control of the staff” at the time of the repeated spraying.

The report, provided to The Canadian Press by the family, also says that when Hines was taken to a shower to remove the pepper spray, he fell backwards while still handcuffed and with his shirt over his head. As an officer tried to remove Hines’ shirt the inmate said, “Please I’m begging you,” and kicked with his right leg.

The report says Hines had a seizure at 10:29 p.m. and he was taken to the prison health wing where the nurse “appeared to have conducted no assessments (vital signs, neuro-vitals, oxygen saturation) nor provided any treatment.” He was transported to hospital in Moncton and died just after midnight.

Sapers said he is still in the process of investigating, and his office hasn’t yet decided whether to issue a public report once its work is complete. He also said he’s awaiting a report on the cause of death from the New Brunswick coroner’s office.

The province’s Department of Public Safety said the coroner has yet to decide whether to order an inquest into the case that would examine its circumstances and make recommendations.

The details of the struggle with guards and the lack of medical attention has drawn criticism from siblings who say they were initially given inaccurate information about how their brother died.

“We were devastated when we read the report. What he went through, there was no need of it,” said Helen MacLeod, Hines’ sister. “You wouldn’t treat anyone that way.”

MacLeod said the family’s anguish has been deepened by the hope they’d held out that Hines would receive treatment in the prison for drug addiction and undiagnosed mental health issues.