They wanted justice for their mentally ill loved one who died in jail. Now those hopes are crushed
'The system has a double standard: one for us Canadians, and the rest for law enforcement,' says Yusuf Faqiri
For nearly a year, the family of Soleiman Faqiri held out hope that this time things might be different — that they might finally see criminal charges against the guards who pepper-sprayed, shackled and held the 30-year-old face down in the moments before his death.
Now, that hope has been snuffed out.
CBC News has confirmed Ontario Provincial Police will not lay charges against the guards involved in Faqiri's death in an Ontario jail in December 2016, even after the province's chief forensic pathologist determined the guards' actions directly contributed to his death.
In an email to the family this past February, obtained by CBC News, the OPP say there remains "insufficient evidence" to lay charges against any of those involved the day Faqiri died.
The decision closes the door to criminal accountability after a years-long fight by the family for someone to be held responsible for Faqiri's death.
Faqiri's loved ones say they didn't come forward at the time because they were still processing their pain and anger. Now, they're speaking out exclusively to CBC Toronto.
"We honestly believed that the OPP would once and for all make the right decision, but they continue to let down my family," Faqiri's older brother, Yusuf, said.
"The system has a double standard: one for us Canadians, and the rest for law enforcement," he said, referring to the correctional officers involved.
"It failed to uphold justice."
Police lack courage 'to do the right thing': family
This is the third time police have decided not to lay charges against the guards involved the day Faqiri died at the Central East Correctional Centre. Two prior criminal investigations by the Kawartha Lakes Police Service and the OPP resulted in no charges.
That's despite Ontario's chief forensic pathologist Dr. Michael Pollanen determining last year that Faqiri's death was the result of being held face down, as well as from the injuries he suffered when six guards restrained him and struck him repeatedly.
The 30-year-old, who lived with schizophrenia, had been charged with aggravated assault, assault and uttering threats after an altercation with a neighbour, and was awaiting psychiatric care at a mental health facility at the time of his death.
In the days after Pollanen's findings, Faqiri's case was referred back to the OPP for review, putting the possibility of criminal charges back on the table. Several advocacy groups issued a joint statement calling on police and Crown prosecutors to lay criminal charges against the guards.
But on Feb. 23, came an OPP email confirming their worst fears. Once again, there would be no charges, with no reasoning given as to how police came to their decision or exactly what the review entailed.
In the email, Det.-Insp. Brad Collins offered his reassurance that "a thorough and objective investigation was completed."
Still, he said, "there remains insufficient evidence to form the requisite grounds to believe a criminal offence has been committed by an individual or group."
"How is there not enough evidence when you have an eyewitness into a man's beating death, you have the chief pathologist articulating that the guards' actions directly led to Soli's murder?" asked Yusuf.
"Fifty bruises, legs and hands tied, pepper sprayed twice, a spit hood put on his head ... And the police still do not have the courage to do the right thing."
Ontario's correctional ministry has repeatedly declined to comment on the case, citing ongoing legal proceedings.
WATCH | Former inmate speaks to The Fifth Estate about being haunted by Faqiri's death:
Pathologist's review 'carefully considered,' says OPP
In an email to CBC News Monday, an OPP spokesperson confirmed it would not lay charges in Faqiri's death.
"Dr. Pollanen's report has been carefully considered in the course of the subsequent review of this case, both by the OPP and the Crown. The outcome of the OPP investigation remains unchanged," said the statement from Acting Sgt. Erin Cranton.
Cranton declined to comment further citing an upcoming coroner's inquest.
In a statement Monday, the Faqiri family's lawyer Nader Hasan slammed the OPP's decision, saying, "The OPP continues to pretend that Canadian criminal law does not apply to this investigation."
"They know that the guards used force unlawfully on Soleiman. They know that the guards unlawfully confined Soleiman while they beat him," Hasan said.
"Yet, the OPP continues to pretend that this is not murder."
The Ministry of the Attorney General told CBC News the investigation and laying of criminal charges is a function of police services.
"The Ministry of the Attorney General does not have the jurisdiction to investigate allegations of criminal activity or to direct police in their investigations."
As CBC News has previously reported, court documents have suggested jail guards violated their use-of-force policies in restraining Faqiri. In a formal examination provided under oath, Dawn Roselle, one of two jail managers fired after Faqiri's death, said she would never have knowingly combined the use of pepper-spray and a spit hood with restraining someone on their stomach.
The province has claimed in court documents that Roselle and another manager fired after Faqiri's death did not act "in the course and scope of their duties." The managers' lawyer previously told CBC News his clients were being "scapegoated" by the province.
'Soleiman's memory will never be taken away'
For Faqiri's family, charges would have meant justice, says Yusuf.
In 2019, the family had launched a $14.3-million lawsuit against the Ministry of Community Safety and Correctional Services, the superintendent of the Central East Correctional Centre and seven individual correctional staff members. However that has since been settled, CBC News has learned.
As for the details, Yusuf said the suit has been settled "in a manner that is satisfactory to my family," but declined to comment further.
Yet the news that no one will be charged in their beloved "Soli's" death makes the pain of losing him as fresh as the very first day, Yusuf says.
"He's forever gone but it's as if his death was yesterday," he said.
Nearly six years on, Yusuf still visits his brother's grave every Friday — a way to feel closer to him, he says.
Even in death, the moments they shared together during simpler times as brothers — playing soccer or video games — remain his comfort.
"The guards might have taken his life, but Soleiman's memory will never be taken away."
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