Windsor, Ont., widow says husband died after law enforcement mistook medical emergency for drunkenness

A Windsor woman says her husband is dead after Canada Border Services Agency officials and Windsor Police Service officers mistook his symptoms of medical distress for drunkenness and arrested and detained him without offering medical attention.

Rose Grey says her 63-year-old husband, Colin, lived with Type 2 diabetes and had diabetic neuropathy in his feet, making it difficult for him to walk. He was also being treated with intravenous antibiotics for infections in his feet.

"I need to get justice for my husband because he cannot speak for himself anymore," she said. 

On the morning of Nov. 29, Rose says, Colin and his son, Christian, were driving home from Detroit.

They'd just dropped Rose off at the airport when Christian said his father started to seem "off" and was driving slowly and cautiously.

Rose says she believes her husband was experiencing diabetic hypoglycemia. 

The Windsor Police Service says Canada Border Service Agency officials arrested Colin at the Ambassador Bridge for failing to provide a breath sample.

Son says he tried to tell officials about his father's medical conditions

Christian says his father did not refuse to provide the sample, but he was unable to physically blow hard enough to do so.

"I could tell he was really trying his hardest to breathe," he said. 

He says he tried to explain to officers that his father had diabetes, neuropathy and wounds on his feet. 

Colin was subsequently taken to Windsor police headquarters while Christian followed in a taxi, Christian says.

He says he then tried to inform WPS officers of his father's medical conditions.

Gary Francoeur, Windsor Police Service director of corporate communications, says he needs to look into whether officers received the information and, if so, what was done with it.

In the meantime, Francoeur said in an email, "Following his release from custody, Mr. Grey was observed to be in medical distress near our building. Windsor police members attempted life-saving measures, including performing cardiopulmonary resuscitation and deploying an automated external defibrillator, until care was turned over to Emergency Medical Services."

The police service expressed condolences to Grey's friends and family.

CBC asked WPS if it provided Grey with a medical assessment or medical care prior to his going into distress. It also asked if WPS offered Grey anything to eat or drink. Francoeur did not respond to those questions.

The Canada Border Services Agency says officers are trained to ask about medical conditions, including diabetes, and to make medications, food and drink available. People detained at Ambassador Bridge are also offered food and drink while detained, the agency says. 

It says if someone is in medical distress, CBSA workers contact emergency services. 

The Special Investigations Unit, which investigates deaths and injuries involving police officers, said Windsor police reported Grey's death on Nov. 29.

Officers should have asked if medical attention was needed, widow says

However, the SIU said in an email that it did not open an investigation because Grey "died after his release from police custody and his death does not appear to be the result of any police action or inaction."

The Greys were married for 24 years, Rose said. Colin worked as an independent contractor for the financial industry and loved music and singing.

She says the officers should have checked to see if her husband needed medical attention and questions whether he'd be alive today if they had.

Rose says she blames racism for officers' alleged lack of concern.

"Because the first thing they see is an African American," she said. "You know, maybe he's a good father, he's a good citizen."

CBSA says it condemns all forms of discrimination and prides itself in having a "very diverse workforce that represents all Canadians."

"All frontline officers are trained on diversity and inclusion, covering topics related to the processing of Indigenous travellers and their sacred goods, prevention of racial profiling, anti-racism and unconscious bias," the agency said in a statement.

"Treating all people with respect, dignity and fairness is fundamental to our border services officers' relationship with the public and a key part of this is serving all travellers in a non-discriminatory way."

The Windsor Police Service did not respond to the racism allegation.