SIU investigation into jail cell death unsatisfactory, chief says

The family of a First Nations man who was found dead last year on the floor of a Thunder Bay Police cell is questioning the quality of an investigation done by the province's police watchdog, according to Nishnawbe Aski Nation Deputy Grand Chief Alvin Fiddler.

The 44-year-old man, whose name is not being released, is from a remote First Nation in northern Ontario and has family in Thunder Bay, Fiddler said. He died on August 3, 2014 after being taken into police custody for intoxication the previous day.

A report from the Special Investigations Unit on Thursday said that criminal charges against police were not warranted in the case but that a "tragic series of missteps by all of the officers involved" contributed to the man's death.

"He was still just a young man and the fact that he died under these circumstances is very tragic," Fiddler said. "I think that's why the family has so many questions left unanswered."

The SIU found that the man's complaints about shortness of breath were ignored by police and he was left alone and unchecked in his cell for five hours before his death.

Fiddler said it's disturbing that the officer responsible for those checks refused to be interviewed or submit her notes to the SIU. 

"The investigation is simply at a loss to explain why she failed to conduct personal checks on the man as she was required to do pursuant to police policy," the SIU report said.

Role of paramedics needs scrutiny

The role of the paramedics also requires scrutiny, Fiddler said. Paramedics dealt with the man and "cleared" him before leaving the scene, when the man was taken into police custody, according to the SIU.

"Why did they leave him there?" Fiddler asked. "Why was he in jail when he should have been in hospital getting the attention that he needed?"

Thunder Bay Police have one of the highest arrest rates for intoxicated people in the province, making up about half of all the arrests they made in 2011. 

Intoxication is one of the top five reasons for calls to 911 in the city, according to Superior North Emergency Medical Services Chief Norm Gale, and police and paramedics often work together to make decisions.

"Based on the assessment on the medical side by the paramedics, or other assessments by the police officers, a decision is made jointly on how to handle the person involved," Gale said.

Both Thunder Bay Police and EMS say they are reviewing the SIU report. Police said their internal review includes a pending Police Services Act process.

Meanwhile, Fiddler said the family will take its quest for answers about how their loved one died to an upcoming inquest.

Inquests are mandatory in Ontario whenever someone dies in police custody.