Inquest jury finds 'undetermined' cause in Oji-Cree man's death in Thunder Bay, family wanted homicide finding

An inquest jury that spent four weeks examining the cases of two Oji-Cree men reached its verdict in Thunder Bay, Ont., on Friday, ruling the 2014 death of Don Mamakwa had an "undetermined" cause and his uncle Roland McKay died in 2017 due to natural causes.

The jurors also released 35 recommendations, years after the two men were arrested and died after they were found without vital signs in police cells. 

Mamakwa, 44, of Kasabonika Lake and McKay, 50, of Kitchenuhmaykoosib Inninuwug were found without vital signs in police cells after they were arrested for public intoxication.

Mamakwa's family had been looking for his death to be classified as a homicide, a decision that does not carry criminal liability.

The 35 recommendations, created with the goal of preventing future such deaths, are aimed at various agencies, including: paramedics, Thunder Bay police and its oversight board, and the Ontario government.

After the verdict was delivered, Mamakwa's family said they were happy with the inquest, and they hope the recommendations will help to save lives.

The all-white jury of four citizens, who began deliberating Friday, was tasked with answering key questions about the men's deaths — their names, place and time, cause and manner of death — as well as issuing recommendations designed to prevent future, similar deaths.

While the parties at the inquest largely agreed on the key questions and important recommendations, there was a divide on a few key issues, namely the manner of death for Mamakwa — whether it was homicide, natural or undetermined after presiding coroner David Cameron ruled earlier Friday that accident and suicide should not be considered.

Before delivering their verdict, a member of the jury read a statement aloud to the families to express their condolences.

"These past four weeks have been very difficult for everyone involved here. Your presence here every day reminds us Don and Roland were fathers, sons, siblings, and much more. But mostly, that they mattered," the statement said.

"We hope this brings you peace and closure, knowing the decisions made here were to the best of our abilities, with Don and Roland in our hearts and minds."

Before the jury delivered its findings, Mamakwa's sister, Rachel Mamakwa, said: "I think everybody [in our family] wants it to be homicide, and I hope it comes out that way. We want people to know that they are responsible for his death. He was neglected, and I don't want to see that ever again."

Over the four weeks, the jury heard evidence that Mamakwa's requests to go to the hospital were refused, his medical issues minimized, and ultimately, he was left unattended in the police cell for upwards of five hours.

The jury ruled Mamakwa died in the cell at 12:03 a.m. on Aug. 3, 2014, but his body was not found for hours later.