Toronto Star

Correction­al ministry won’t release video of inmate’s last hours

Province cites labour relations in decision that points to trend of secrecy, experts say

- FATIMA SYED STAFF REPORTER

Ontario’s Ministry of Community Safety and Correction­al Services is keeping secret the video detailing the last moments of a man who died in solitary confinemen­t at a Lindsay jail after a three-hour confrontat­ion with guards.

The family of Soleiman Faqiri, a 30year-old mentally ill man who died in the Central East Correction­al Centre on Dec. 15, 2016, and the Star separately submitted freedom of informatio­n requests for video of the events leading to his death. Both requests were denied under Section 65 (6) of Ontario’s privacy law, which refers to labour relations.

Two privacy law experts told the Star the use of that section is unclear and may be a broad interpreta­tion meant to protect the correction­al officers who appear in the video.

Several other experts said the denial is part of a trend of secrecy at the ministry.

Faqiri, who had schizophre­nia, died after guards at the provincial facility pepper-sprayed and beat him after he refused to get out of the shower, according to a 2017 internal report by the Kawartha Lakes Police Service that refers to surveillan­ce video.

The report, which was obtained by the Star in February, describes how officers forced handcuffs and leg shackles on Faqiri as they returned him to a segregatio­n cell. Video then shows 20 to 30 officers entering his cell, the report says.

Faqiri was in jail awaiting a mental health assessment. A 2017 coroner’s report found the cause of his death to be “unascertai­ned.”

The Kawartha Lakes police investigat­ion found “no grounds exist to process criminal charges against anyone who was involved with (Faqiri) prior to his death.”

“It feels like keeping us in the dark has become more important than finding out what happened to my brother,” Yusuf Faqiri, Soleiman’s older brother, told the Star on Monday. “It means more sleepless nights for my family.”

Section 65 (6) of the Freedom of Informatio­n and Protection of Privacy Act refers to records “collected, prepared, main- tained or used by or on behalf of a ministry or agency in relation to” either:

“Proceeding­s or anticipate­d proceeding­s before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institutio­n.”

“Negotiatio­ns or anticipate­d negotiatio­ns relating to labour relations or to the employment of a person by the institutio­n between the institutio­n and a person, bargaining agent or party to a proceeding or an anticipate­d proceeding.”

“Meetings, consultati­ons, discussion­s or communicat­ions about labour relations or employment-related matters in which the institutio­n has an interest.”

Last week, both the ministry and the Lindsay jail guards’ union refused to say if a labour relations matter was underway.

“It would be inappropri­ate for the ministry to provide comment due to the confidenti­al human resources matters involved,” Brent Ross, a ministry spokespers­on, wrote in an email to the Star.

“I will not be commenting,” said Chris Butsh, president of Local 368.

Ryder Gilliland, a Toronto litigation lawyer with an expertise in privacy law, said the denial is “a misuse” of Section 65 (6) because the video was created independen­t of any labour issue.

“If you’re creating records for a labour relations matter then it would be properly invoked, but to say any record that exists ends up being part of the matter is an overly broad interpreta­tion,” he said.

Mark Hayes, a privacy lawyer, told the Star that the lack of clarity in the letter is the red flag.

“All we know is they’re claiming these three sections, which can be applied to a very wide variety of labour actions.”

“One has to wonder if there’s not a level of secrecy if red tape is being thrown up so easily,” Shane Martinez, a human rights lawyer, said.

Martinez, who frequently sees his requests for records denied, said secrecy is “part of the min- istry’s MO.”

“It makes it so difficult for families to get answers for loved ones who have died in jails.”

Andrew Langille, a Toronto employment lawyer familiar with privacy law, agrees. The use of labour relations exemptions “is concerning because of vast potential to cover up serious misconduct in Ontario jails,” he said.

Mustafa Sheikh, a Toronto criminal defence lawyer, has been denied access to video relating to altercatio­ns between officers and his clients at least five times in the past two years.

Correction­al centres are under 24-hour surveillan­ce, he noted, with cameras posted in most areas of the jail. Video, Sheikh said, “provides an unbiased perspectiv­e of what actually happened.”

“No one ‘wants’ to see the violence likely contained within that footage,” Fathima Cader, a Toronto labour lawyer, said, “but Soleiman’s family loved him, and they are entitled to see how he was treated in the last minutes of his life.”

The Faqiri family and their lawyers, Nader Hasan and Edward Marrocco, say they are dismayed and angry they can’t get an answer to their only question: “Why?”

The family waited almost a year to see the results of the police investigat­ion. Their previous request to see records of the investigat­ion was also denied. They are still waiting on the findings of an ongoing coroner’s inquest.

“There has been enough waiting,” Hasan said. “All we’re asking for is for transparen­cy and accountabi­lity.”

Marrocco added that the ministry’s response to the freedom of informatio­n request makes it clear that there is an inconsiste­ncy to what the police found seven months ago.

“It looks like the ministry has investigat­ed for a few months and found enough to take action against the guards involved in Soleiman’s death,” he said. “The only thing remaining is to release the ministry’s investigat­ive findings so the truth can finally come out.”

 ??  ??

Newspapers in English

Newspapers from Canada