Mandatory jail death inquests may end

As one family waits to find out how their loved one died while in custody in Regina, the Saskatchewan government is looking to do away with mandatory public inquests for deaths at provincial correctional facilities. Thursday saw the province introduce an amendment that would allow the coroner’s office to choose whether or not a public inquiry should be held following an in-custody death.

Attorney General Gord Wyant initially said public inquiries will no longer be held in cases where an inmate dies from natural causes.

That turned out not to be the case.

“I misinformed myself with respect to the amendments of the legislation,” said Wyant, who returned to speak with reporters after realizing his error.

Wyant, after getting at least some better understanding of what the amendment he put forward actually is, said the changes mean the coroner’s office would no longer have any legal obligation to call an inquest for any in-custody death, but would keep the option to do so.

The family of Breanna Kannick, meanwhile, is still waiting to find answers as to how the young woman died in August 2015 while being held at Regina’s White Birch Remand Unit.

A public inquiry into her death has been called, but there is still no date set for when it will begin.

Kannick’s mother, Sherri Chartrand, has in the past described the nightmares and hardship caused by not knowing how her daughter passed away.

Kent Stewart, the province’s chief coroner, said his office had been looking at moving away from mandatory inquiries “for a couple of years now” and said the change was “a recommendation that we provided to the ministry.”

He said a coroner’s report would still be prepared in the case of each in-custody death.

“We’re ensuring that a very thorough investigation is still completed in every one of these in-custody deaths,” he said.

Rhiannon Rees, a lawyer representing Kannick’s family, said holding public inquiries is a matter of public accountability.

“Their liberty is taken away from them pending their charges or even after their charges have been dealt with and they’re serving prisoners,” she said. “It’s not only closure to the families, but information to the public on what is going on in these institutions.”

Stewart made clear he knows full well the need for people in Saskatchewan to know the details into the death of someone who is in the care of the province, such as those in correctional facilities.

He said information on jail deaths would be provided through policy and coroner’s reports, which are not always made public.

As things stand now, three investigations are triggered when someone dies in a Saskatchewan correctional facility: The police investigate and lay charges if necessary; the Ministry of Justice investigates and makes internal policy changes if needed; and in public inquests, witnesses are called and evidence is heard by six jury members, who then make recommendations.

Drew Wilby, executive director

We’re ensuring that a very thorough investigation is still completed in every one of these in-custody deaths.

of corporate affairs for the justice ministry, said it is the ministry’s preference to be open and transparent with the public, and especially with Kannick’s family.

“This unfortunate circumstance happened within one of our correctional facilities, so obviously what we would like to do is discuss the findings of this report with the family and let them know what it was we determined,” he said. “Obviously our preference would be to provide this report as soon as possible to the family so they have some answers.”

Kannick’s family alleges Breanna was suffering symptoms from withdrawal while being held on remand and was mistreated by staff at the facility, but they are still seeking answers as to what caused her death.

Some detail of that could be found in the investigation done by the Ministry of Justice, but Stewart — and the coroner’s office — are preventing the Kannick family from seeing that report.

Stewart said releasing the report would “perhaps taint the jury and the evidence itself” presented at the public inquiry.

Even though he said he has some authority in releasing information from third parties, the report is “not my report to give.”

Wilby said the ministry is abiding by what the coroner is saying, and as such won’t release the report.

The NDP’s Nicole Sarauer said “it’s really important that there is absolute transparency on these files” and it’s “absolutely ridiculous” the family of Kannick has waited this long.

Asked what the status of the public inquest into Kannick is, Wyant was not sure.

“I’m sorry. I don’t have timing on when that inquest will be done,” he said.