The probe will examine the drug-related deaths of eight male inmates of the Hamilton Wentworth Detention Centre between 2012 and 2016Getty Images/iStockphoto
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 spokesperson 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 jail death 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]," said 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 personnel 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 wrongful death 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."