Crime
RCMP response not a factor in cell death
April 09, 2019
On May 13, 2017 ASIRT was directed to investigate the circumstances surrounding the death of a 32-year-old man, who went into medical distress and later died following a period of custody at the Wood Buffalo South Policing Facility in Fort McMurray, Alberta.
On May 11, 2017, RCMP officers entered and searched a residence in Fort McMurray as part of a drug trafficking investigation. Once inside the residence, police located the 32-year-old man behind a locked door to one of the residence’s suites. Police negotiated with the man through the locked door, and ultimately, the man voluntarily emerged from the suite. Inside that residence, they located numerous items consistent with drug trafficking and the man was placed under arrest. The man was only wearing underwear upon arrest, and officers located clothing for him and assisted him in dressing, as he was handcuffed. RCMP transported the man to the Wood Buffalo South Policing Facility, and although the officers who dealt with him upon arrest and during transport observed some signs consistent with intoxication, there were no medical concerns based upon the man’s presentation and behaviour. Upon arrival at the facility, the man was searched, provided access to a phone, and placed inside a holding cell.
Once the man was booked into the holding facility, his movements were captured on CCTV video, providing a detailed record of the man’s time in custody. The majority of this time was unremarkable, however on two occasions, the man’s condition or behaviour raised concern with the civilian guards at the facility, and on those occasions, RCMP officers immediately responded to the man’s cell to check on his well-being. On one occasion, when the man appeared to be having some respiratory issues, EMS attended with the RCMP member but the man refused treatment, repeatedly indicating that he only had a cold. Based on subsequent observations made by an officer, a strip search was conducted but did not reveal any illicit substances on his person.
In the early hours of May 13, 2017, the man asked to call his lawyer again, and was taken to the phone room to make a call. While in the phone room, the man went into medical distress. RCMP officers immediately responded to the phone room, contacted EMS, and provided first aid to the man. EMS arrived minutes later, assumed care of the man, and transported him to hospital, where the man was later pronounced deceased.
An autopsy determined the cause of death was cocaine and fentanyl toxicity. Post-mortem toxicology reports revealed a potentially lethal level of cocaine in the man’s bloodstream, as well as metabolites of both cocaine and fentanyl. A small, torn “baggie” consistent with drug packaging was located inside the man’s stomach at autopsy.
While it is impossible to determine with absolute certainty, based on the evidence, it is a reasonable inference the man used the brief period of advance awareness of his forthcoming arrest to conceal drugs within his body that later led to him going into medical distress and ultimately resulted in his death. This tragic conclusion is only available through the compilation of the observations of numerous individual witnesses, the analysis of dozens of hours of CCTV footage, an autopsy and post-mortem toxicology analysis that provide a complete picture of what was a medical death. It is this hindsight that allows for an understanding of why the man died.
In all of the circumstances, while the man’s death is unquestionably tragic, the actions of the officers who dealt with him demonstrated concern for his well-being and responsiveness to his medical needs. The care and supervision provided to the man was reasonable and demonstrates genuine concern for his safety. There are no reasonable grounds to believe the conduct of any officer would constitute a criminal offence. As such, no charges will be laid in this case.
A family member of five slain students holds a heart sign with their names on it following a court decision in Calgary, Alta., Wednesday, May 25, 2016. Alberta’s highest court is being asked to overturn a review board decision on the stabbing deaths of five young people at a Calgary house party that confined a man to a supervised Edmonton group home. THE CANADIAN PRESS/Jeff McIntosh
By Ritika Dubey in Edmonton
Alberta’s highest court is being asked to overturn a review board decision that confined a man to a supervised Edmonton group home after the stabbing deaths of five young people at a Calgary house party.
The lawyer representing Matthew de Grood argued Wednesday the review board’s decision was biased, citing what she described as political interference from Alberta’s former justice minister.
“The appellant says, ‘I think the conclusion about me is wrong. The board’s conclusion is incorrect and not supported by evidence,”’ Jacqueline Petrie said before the Alberta Court of Appeal. “He says there’s no significant evidence that he’s a risk.”
De Grood, 31, was found not criminally responsible in 2016 for the killings two years earlier of Zackariah Rathwell, Jordan Segura, Kaitlin Perras, Josh Hunter and Lawrence Hong because he was suffering from schizophrenia at the time. Petrie said de Grood has been stable on medication, is at low risk to reoffend and should be allowed to live with his parents while being monitored under a full warrant.
She argued the review board misunderstood medical evidence during the September 2022 review, which deemed de Grood a significant risk despite the assessment showing improvements. She said the board is supposed to recommend the least onerous disposition compatible with public safety and did not do that for de Grood.
The defence lawyer has said the review had been influenced by former justice minister Doug Schweitzer, who weighed in on de Grood’s case in October 2019 after the panel allowed de Grood to transition from institutional care to a supervised group home.
He has been under supervision at a group home. His case is reviewed by the Alberta Review Board yearly to see whether he can transition back into the community while maintaining public safety.
Petrie pointed at de Grood’s “exemplary record,” and that he has been “compliant to the (medical) treatment team.”
“Nobody knew he had schizophrenia (at the time of the stabbings) and needed medication.”
Crown prosecutor Matthew Griener said the board considered a conditional discharge but dismissed it, citing a relapse in schizophrenia symptoms in 2021.
Griener said de Grood’s relapses were brief and happened at the hospital, providing an early window for medical professionals to intervene.
Justice Kevin Feehan said de Grood may be low-risk, but the consequences of even one relapse could be significant.
Reading from an expert’s report, Feehan said: “A low risk to offend doesn’t mean the reoffence would not be severe.”
Some family members of the victims drove from Calgary for the hearing.
Segura’s mother, Patty, said the last nine years have been about de Grood and his rights.
“He should be thankful that he ended up NCR (not criminally responsible) rather than end(ing) with five life sentences for murdering five people,” she said. “He should not be appealing.”
Hunter’s father, Barclay, opposed a potential full release.
“The idea that he wouldn’t be monitored for the rest of his life seems to defy logic, it doesn’t make any sense,” said the father.
Hunter’s mother, Kelly, said the family has had “no healing.”
“We do this every year, at least once. Now, this is the second appeal,” she said. Barclay
Hunter said although there are attempts to reintegrate de Grood into society, he hopes the man is not left on his own with an absolute discharge.
“Regardless of what they say, he killed five people. If that doesn’t stand on its own as a risk factor, then I don’t know what does.”
This report by The Canadian Press was first published June 7, 2023.
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By Stephanie Taylor in Ottawa
One of the architects of the law that governs Canada’s prison system says it’s understandable people want revenge on killer and serial rapist Paul Bernardo, but that’s not what the prison system is designed for.
Mary Campbell also says it is regrettable the Correctional Service of Canada has not been more transparent in how it handled the matter — which the law allows it to be.
Campbell, a lawyer who retired from her role as director-general of the corrections and criminal justice directorate in the Public Safety Department in 2013, said that without question Bernardo’s crimes were horrific.
Broadly speaking, the corrections system has a mandate to rehabilitate offenders.
Politicians from all parties and levels of government have decried Bernardo’s transfer from a maximum-security penitentiary to a medium-security prison in Quebec.
News of the transfer was confirmed last week by the lawyer for the families of two of his victims, Kristen French and Leslie Mahaffy, who want him sent back.
Both teenage girls were kidnapped, sexually assaulted and murdered by Bernardo in the early 1990s. He was also convicted of manslaughter in the death of Tammy Homolka, who died after being drugged and sexually assaulted. Tammy was the 15-year-old sister of Bernardo’s then-wife Karla Homolka.
Karla Homolka was released in 2005 after completing a 12-year sentence for her role in the crimes committed against French and Mahaffy.
Bernardo admitted to sexually assaulting 14 other women. He has been declared a dangerous offender and is serving a life sentence.
Bernardo has spent 30 years under maximum security, which Campbell said is a long time for any offender.
And while she understands why people want to see him kept there, she said the criteria for transferring an inmate to another penitentiary “is not based on revenge.”
“We, as a country, gave up torture quite a while ago, ” she said in an interview Tuesday. “And we’re pretty critical of other countries that engage in torture.”
After the news broke, Ontario Premier Doug Ford said he thinks Bernardo should be locked up for “23 hours a day,” while Conservative Leader Pierre Poilievre has called on Prime Minister Justin Trudeau’s government to enact changes that would force those who are convicted of multiple murders to serve their entire sentence in maximum security.
The correctional service is reviewing the decision to transfer Bernardo. Under the Corrections and Conditional Release Act, inmates are given security classifications based on factors including escape risk, which inform where they serve their sentences.
In the case of Bernardo, who is now in his late 50s, the correctional service says a move to a medium-security prison poses no risk to public safety.
The reason behind his transfer, however, is a mystery, with the federal correctional service saying it is “restricted by law” in what it can divulge.
Public Safety Minister Marco Mendicino said Canadians are owed an explanation as to why Bernardo was transferred.
Tim Danson, the lawyer representing the French and Mahaffy families, said he was not given the information because of Bernardo’s privacy rights.
Campbell said the law spells out that the commissioner of the country’s prison system has the power to disclose to victims a summary of the reasons for the transfer of a particular offender, in cases where it is determined their interest outweighs any invasion of the offender’s privacy.
She said the commissioner can also choose to release information under the federal privacy law in cases where they determine the public’s right to know overrides an inmate’s privacy.
“When (the Correctional Service of Canada) says they can’t release details because of the law, that’s not entirely accurate,” she said. “There are exceptions.”
“It is unfortunate that CSC maybe hasn’t been a little bit more transparent, explaining things.”
She added that there are more than 20,000 other people serving a sentence in Canadian prisons and jails, and the rules have been designed to apply broadly.
This report by The Canadian Press was first published June 7, 2023.
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