Hold inquiry into Yukon jail death: lawyer

Canadian civil-rights lawyer Clayton Ruby is calling for a full public inquiry into the 2008 death of Raymond Silverfox, who was held in a Whitehorse RCMP cell for more than 13 hours before he died.

Ruby told CBC News he was shocked to hear that a Yukon coroner's inquest, held last month, concluded that the 43-year-old First Nations man died of natural causes, despite what the inquest heard about Silverfox's treatment by RCMP officers and guards.

Furthermore, Ruby said, he wants to know why no criminal charges were laid in relation to Silverfox's death.

"This case just stinks. It reeks of police and coroner cover-up," Ruby said in an interview.

No medical help sought

Silverfox was arrested at a Whitehorse shelter early in the morning of Dec. 2, 2008, and kept in the Whitehorse RCMP detachment's drunk tank for more than 13 hours.

The inquest heard that RCMP officers and detachment guards did not check on Silverfox's health or seek medical attention for him during the time he was in custody, even though Silverfox had vomited 26 times in his cell.

Furthermore, the inquest heard evidence of officers and guards mocking and jeering at Silverfox as he lay in his own vomit and feces.

Silverfox was taken to hospital that evening, after someone noticed he was not moving. He died in hospital hours later of acute pneumonia.

"If I kidnapped you and put you in a basement and then watched you die of inhaling vomit and excrement and from pneumonia, I would be in the cell in a minute and half, and I'd be charged with criminal negligence causing death and failure to provide the necessities of life," Ruby said.

Ruby said the RCMP should not have investigated themselves after Silverfox died. The coroner's inquest, he added, failed to provide a full public airing of the details surrounding his death.

Rushed to inquest

As well, he said the investigation should have been reopened after RCMP audio footage was discovered from the cellblock where Silverfox was kept. The footage was found days before the inquest started in mid-April.

"But instead they rushed on to an inquest," Ruby said. "That tells you somebody didn't want anything to happen as a result of this."

Last week, Silverfox's family filed a legal challenge to the inquest ruling, accusing Yukon coroner Sharon Hanley of showing bias in favour of the RCMP. The family has called for the inquest ruling to be overturned, and a full public inquiry to take place.

Ruby said he believes what happened to Silverfox was against the law, and Yukon Justice Minister Marian Horne has a duty to the public to hold a public inquiry.

He added that the RCMP have some serious questions to answer, especially after First Nations leaders accused the police force of racism.

"A man died in circumstances that frankly are embarrassing beyond belief to the entire RCMP," Ruby said.

"Then there's the question of racism. I mean, these members [are] seen laughing at him, and someone's got to look at that. There's a real problem in the RCMP."