Inquest won't give Stephens family 'solace,' says new lawyer in Summerside police shooting suit

A coroner's inquest is no longer a top priority for an Island family that's suing Summerside police and Health P.E.I. over a shooting death five years ago, says their new lawyer.

The family of Jeremy Stephens had long been demanding an inquest to better understand what happened the night he was shot to death by Summerside police officers in Prince Edward Island's second-biggest city.

"An inquest — if and when it takes place — it's not going to give them much in the way of solace," said Lawrence Greenspon, who signed on as lawyer for the Stephens family last month. 

"It's now been five years. What happens to the family, quite understandably… they become skeptical and eventually cynical."

A police watchdog agency, Nova Scotia's Serious Incident Response Team (SIRT), took less than a year to clear Summerside police of any criminal wrongdoing related to the May 27, 2018 shooting. The team concluded police officers were justified in using lethal force as they tried to arrest Stephens in the darkened basement of a Duke Street house in the early-morning hours.

Police believed Stephens was armed with a knife, and they were aware of his violent criminal record and drug-related mental health issues.

Stephens died in Prince County Hospital later that same day, at the age of 32.

The City of Summerside was in the midst of a planned power outage for several hours that spanned both the shooting and the period when Stephens was taken to hospital and treated for eight gunshot wounds.  

The family is suing Summerside police, Health P.E.I. and three doctors at Prince County Hospital for $6 million. 

A legal reputation

The family's new Ottawa-based lawyer has a reputation for taking on difficult and contentious criminal and civil cases.

Greenspon has represented Tamara Lich, a leader of the Ottawa truckers convoy; Canadian families of alleged ISIS members; and Joshua Boyle, a former Afghan hostage who faced criminal charges in Canada.

Islanders might remember the lawyer from his representation of P.E.I. Senator Mike Duffy in the 2013-15 expenses scandal and Duffy's subsequent lawsuit against the Senate of Canada.

Greenspon has also represented other families of victims of fatal police shootings.

"It's a problem that we see systematically right across the country ... police's inappropriate dealing with people who have mental health issues," Greenspon told CBC News in an interview.

Response from police and hospital system

Summerside police officers have steadfastly defended their actions, and their lawyers filed an amended statement of defence to the family's lawsuit in P.E.I. Supreme Court on May 19 of this year.

"[Stephens] was armed and his actions clearly displayed his intention to cause serious injury or death to the officers," reads the statement.

"[Police] rightly and reasonably believed that Stephens posed a threat of imminent bodily harm or death to them and, in the circumstances, were entitled to apply force to protect themselves from harm."

The police statement of defence also recounts efforts by officers to save Stephens's life immediately after the shooting, by providing first aid and taking him to Prince County Hospital.

The death of Jeremy Stephens occurred in the absence of any negligence on the part of Health P.E.I.— Court documents filed by lawyers for Health P.E.I

Health P.E.I. filed a statement of defence on May 12, 2023, saying that staff "met the applicable standard of care" and "the death of Jeremy Stephens occurred in the absence of any negligence on the part of Health P.E.I."

Three Prince County Hospital doctors sued by the Stephens family have also denied wrongdoing in their own statements of defence. 

Summerside police and Health P.E.I. are calling for the case to be dismissed.

'We're just hoping for the best'

Jannett Jones, one of Jeremy Stephens's sisters, contracted Greenspon on behalf of her family, after an 11th-hour effort to find a new lawyer.

"We knew he had a high profile and some pretty good cases behind him. We're just hoping for the best," said Jones.

"It's definitely brought back some hope that things are going to proceed… We just want to get some closure."

According to court records, Chief Justice Tracey Clements has slated a case management conference for July 5. At that time, lawyers for the parties involved will discuss, in private, possible next steps toward a resolution of the matter.