Pubdate: Tue, 22 Aug 2017
Source: Globe and Mail (Canada)
Copyright: 2017 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Molly Hayes
Page: A3

ONTARIO INQUEST INTO INMATE DRUG DEATHS TO BEGIN IN JANUARY

Nearly two years after it was first announced, a sweeping inquest into
drug deaths at an Ontario correctional facility has been scheduled to
begin in January.

The highly anticipated probe, which will examine the drug-related
deaths of eight male inmates of the Hamilton Wentworth Detention
Centre between 2012 and 2016, is set to be one of the largest-scale
inquests in the province's history. It is scheduled to begin Jan. 2
and last about 30 days.

The goal of an inquest is to identify ways to prevent similar deaths
in the future. Thousands of people are dying across Canada each year
in an opioid crisis - bringing added urgency to the perennial issue of
drugs in correctional facilities. Four inmates died of suspected
overdoses at the Hamilton jail since the inquest was announced in
August, 2015.

"This inquest needs to happen, but it's like banging your head against
a brick wall [waiting]," said April Tykoliz, whose brother Marty's
death will be included in the inquest. The 38-year-old overdosed and
died in the jail more than three years ago.

"We want to make sure we are properly prepared for the jury, and that
takes time," Ontario's chief coroner, Dirk Huyer, said on Sunday.

The Ministry of Community Safety and Correctional Services has
stressed that safety and security at provincial correctional
facilities are priorities, and ministry spokesman Andrew Morrison said
recommendations from previous inquests have led to "numerous positive
steps" for Ontario's correctional system.

Two of the four fatal overdoses since the Hamilton inquest was
announced happened this year. Those two deaths will not be included.

Ryan McKechnie, a 34-year-old father of two, is the most recent inmate
to have died in the Hamilton jail. He was found lifeless in his bunk
by his cellmate on June 29. His brother, Thomas McKechnie, wants the
province to get on with the proceedings - even though his brother's
death will not be included - to prevent any more families from
suffering such a loss: "Some deaths are unfortunately unpreventable,"
he said. "But I am sure [my brother]'s was. Any drug death, in my
opinion, is preventable."

Previous inquests into overdoses at Ontario correctional facilities
have recommended changes such as improved security to keep drugs from
getting behind bars in the first place; better programming and
supports for those with addictions; increased access to life-saving
opioid antidote naloxone; and stronger education programs for inmates
and guards. But while the inquests are mandatory, recommendations are
non-binding, an aspect of inquests that critics say renders them toothless.

Lawyer Kevin Egan, who will represent Ms. Tykoliz at the hearing, says
a "built-in conflict" exists when it comes to jaildeath inquests,
given that the main agency under the microscope, the Ministry of
Community and Safety and Correctional Services, also oversees the
coroner's office. As well, Dr. Huyer is an assistant deputy minister.

Dr. Huyer dismissed the concern. "I've got two hats … I have no
difficulty separating the two," he said.

Jack Stanborough, the former regional coroner for Hamilton who ordered
the inquest in 2015, says the delays in getting it started are
"troublesome."

He was to preside over the inquest until he was fired without cause in
May, 2016, when it was originally scheduled to start. He said he
believes his termination was a consequence of being too aggressive in
his past inquests.

"Who will be in the crossfire [of this inquest]?" asked Dr.
Stanborough, who is now doing clinical work in Hamilton and surgical
assisting in Oakville and Burlington. "The Ministry of Community
Safety and Correctional Services. And who does the coroner's office
work for? The Ministry of Community Safety and Correctional Services.
You're asking an agency of that ministry to be critical of that
ministry. Will that happen? Not under this regime. No way."

The coroner's office refused to comment on Dr. Stanborough's
termination, citing privacy issues. Dr. Huyer acknowledged that the
staff change played some role in holding up the inquest. Reuven
Jhirad, Ontario's deputy chief coroner, is to preside over the
Hamilton inquest.

The additional deaths that will be included also required further
investigation by staff, Dr. Huyer said. Securing a courtroom for these
lengthy proceedings has also been challenging, according to a source
familiar with the case. Toronto has a special complex dedicated to
coroner's inquests, but in many smaller municipalities, such as
Hamilton, inquests compete with criminal and civil trials for the use
of regular courtrooms.

As she awaits the inquest, Ms. Tykoliz has filed a wrongfuldeath
lawsuit in her brother's case.

She said that when Mr. Tykoliz was found suffering from a suspected
overdose in his cell in May, 2014, he was rushed to the hospital and
treated, but returned just hours later. Mr. Tykoliz overdosed again
and was found dead the next morning.

Mr. Egan is also representing Ms. Tykoliz in her lawsuit.

He said delays in these types of stigmatized cases are possible
because of a lack of public pressure, and argues that it calls into
question the value of the inquest system as a whole.

"It's ridiculous," he said. "We might as well not have an inquest, if
the purpose is to prevent similar deaths in the future."
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MAP posted-by: Matt