Jury urges change after migrant dies in jail
Man overdosed on meth and fentanyl while in custody
Detention facilities should allow inmates to make overseas calls and must crack down on drug smuggling into jails, a coroner’s inquest has recommended.
Those were two of the six recommendations the jury made at the inquest into the death of Francisco Romero Astorga, an immigration detainee suffering from depression and substance abuse.
The three-woman, two-man panel did not make any recommendations on the detention practices of the Canada Border Services Agency as the coroner’s office restricted the scope of the inquiry to the events after Astorga was arrested and held at the Maplehurst Correctional Centre, a maximum security detention facility in Milton.
The border agency uses provincial jails to house detainees when there is an overflow at its own holding centres or when a detainee poses dangers to others.
Astorga, a 39-year-old Chilean, was held in custody for an immigration violation for 59 days and died of an overdose of fentanyl and methamphetamine on March 13, 2016 while in custody. On Friday, the jury concluded the death was an accident.
Although Romero’s family said they were happy with the jury recommendations, they said there are still unanswered questions.
“The access to phones and communication with family was the main thing. Everything started from a phone call for support,” said Esteban Romero Astorga, brother of the deceased, after the jury delivered its verdict in Milton.
“Why did they charge a mentally ill man and put him in a maximumsecurity jail?” asked the younger Romero, who flew in and sat through the weeklong inquiry.
Francisco Romero Astorga first visited Canada in 1996 and went underground after abandoning his asylum claim. He worked as a baker before he voluntarily left Canada in 2002. With the money he saved, he opened a nightclub in Chile and worked in restaurants and in construction before coming back to Canada on Nov. 1, 2015. His last contact with his family was through Facebook before Christmas that year.
The inquest heard he was intercepted by border officials at Pearson airport but walked out of the interview room without anyone noticing. A warrant was issued. He was arrested by Peel police after he was caught stealing food at a Walmart. He was handed over to CBSA on Jan. 13 and held until his death.
He told authorities he suffered from depression and was suicidal, and was initially placed in segregation before being transferred into a regular cell, according to a submission from the family’s lawyers at the inquest.
During the inquest, the jury heard about the prevalence of drug smuggling into detention facilities and substance abuse among inmates.
The inquest was also told that the Ministry of Community Safety and Correctional Service policy was that phone calls were not permitted to cellphones or any numbers outside North America.
After his death, a coroner’s investigation statement revealed police found in Romero’s cell a homemade “fish” device used to transport drugs and contraband from cell to cell, as well as a “slim-jim” used to contain and secrete drugs within the body.
“We know there are serious drug problems in Ontario’s jail system,” lawyer Simon Wallace, who represented the family along with counsel Shane Martinez, said after the verdict was delivered.
“We are glad the jury recognized that as well. We hope using new drug (possession) detection technology can reduce the chances of this from happening. While technology is helpful, it’s important to ensure we have enough support and educational programs for prisoners struggling with drug and mental health problems.”