The police oversight agency in British Columbia has stated that multiple shortcomings in the care of prisoners played a role in the death of an Indigenous individual while in the custody of the Smithers RCMP nearly four years ago.
The individual was apprehended by RCMP and faced charges of aggravated assault related to a home invasion that occurred on September 1, 2022.
A report issued by the Independent Investigations Office (IIO) revealed that the man took his own life in a cell, while the guard responsible for monitoring him appeared to be “nodding in and out of sleep” or was looking away from the surveillance monitors.
It was also noted that mandatory safety checks were not consistently performed at the Smithers RCMP detachment during that time, despite existing policies mandating such actions.
IIO Chief Civilian Director Jessica Berglund expressed in the report that “the [man’s] death was tragic and could have been prevented,” but added that there were no reasonable grounds to believe that the officers had committed an offense.
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No regular physical safety checks at detachment
The report indicated that the last physical check on the man by police occurred at 7:57 a.m. on September 4. He was not physically checked again until he was discovered unresponsive 13 hours later.
According to the report, the man received a meal through the cell door slot around 5:51 p.m., after which he was monitored via video from the guard station.
The video footage revealed the man, now unresponsive, approximately 90 minutes later, as stated in the report.
A jail guard interviewed by the RCMP regarding the incident acknowledged that staff routinely failed to perform physical checks on cells, despite the policy requirements, according to the report.
The guard recalled advising a colleague that the man’s behavior had changed and that he required closer observation.
The second guard informed investigators that he was aware of the policy but mentioned that physical checks had not been routinely conducted at the Smithers detachment for 26 years, in spite of several reviews of the cells.
The report noted that the Smithers RCMP faced staffing shortages at the time, with a corporal acting as the sergeant and as the acting detachment commander.
The acting commander explained to investigators that the management of Smithers cells differed from that of other detachments, resulting in less interaction between guards and detainees and fewer physical inspections.
The regular commander, who was away during the man’s custody, stated that he was accountable for ensuring that guards received training, that cell checks were performed, and that the cells were well-maintained.
He admitted that the required six-month refresher training had not been conducted and confirmed that no system was in place to ensure that physical cell checks were carried out.
Following the man’s death, the regular commander reported that the detachment enhanced training for guards, began monitoring the cell logbook to ensure that physical checks were performed, improved record-keeping, and hired more guards.
‘Simple negligence not an offence,’ says IIO
Berglund stated that the evidence collected shows that “a number of failures” occurred within the cell block operations at the Smithers RCMP detachment leading up to the man’s death.
She noted that while the second jail guard fell short of the expected standard of care, the evidence indicates that his failures had been “condoned for some time by detachment officers, who also seem to have been negligent in other areas of prisoner care.”
“The evidence suggests that senior officers in RCMP management took no action to rectify longstanding failures to adhere to policy regarding prisoner safety,” she stated.
She emphasized that “simple negligence is not an offense under Canadian criminal law unless it rises to the level of criminal negligence causing death.”
The actions of the officers in this instance did not meet that standard, according to Berglund.
Between 2019 and 2023, 15 individuals died while in custody or after being taken to the hospital from cells, with seven of those being Indigenous.
The IIO highlighted that these figures underscore the critical need for proper detainee care, which was found to be inadequate in this situation.
If you or someone you know is in distress, here are some resources for assistance:
- Canada’s Suicide Crisis Helpline: Call or text 988.
- Provincial and territorial mental health services.
- Kids Help Phone: 1-800-668-6868. Text 686868. Live chat counseling available on the website.
- This guide from the Centre for Addiction and Mental Health provides tips on discussing suicide with someone you are concerned about.