Ontario explores whether to amend Coroners Act to replace mandatory jail inquests with annual reviews
CBC
Ontario is seeking feedback on a potential amendment to the Coroners Act that may replace mandatory inquests into jail deaths with coroner-led annual reviews.
According to documents sent from the Ministry of the Solicitor General to stakeholders, possible proposed changes would include appointing at least one coroner to lead the annual review, "supported by an advisory committee composed of experts and various stakeholders from the sector."
Those stakeholders "could include family representatives, the legal community, coroners, correctional services, advocacy organizations, and advisory bodies or other subject matter experts," wrote ministry spokesperson Saddam Khussain in an email to CBC News.
Instead of a jury, this advisory committee would assist the coroner in examining the circumstances of all deaths by non-natural causes from the previous calendar year, and provide recommendations.
London lawyer Kevin Egan said the ministry reached out to him about the potential amendment to get input from families he represented in past inquests.
Currently, the act requires an investigation into deaths of people in custody at an Ontario correctional facility, if the coroner suspects they were the result of non-natural causes.
Inquests involve public hearings before a jury tasked with listening to witnesses and taking into account evidence. One of their most important tasks is to come up with recommendations to prevent further, similar deaths.
If annual reviews were implemented, inquests could still be held, but “at the request of families or when deemed necessary by the chief coroner,” wrote Khussain.
Findings and recommendations from any annual review would remain public, similar to inquests, Khussain added.
“This approach would support a more timely, system-wide review of in-custody deaths and help ensure recommendations are delivered more efficiently.”
Egan said the current inquiry process can “take way too long” and turn “self-defeating” as deaths could occur in the meantime.
But he still believes inquests are needed.
“I don’t suggest for a moment that we shouldn’t have annual reviews, but they should not replace inquests,” said Egan.
The lawyer said he's been hearing about overcrowding, short staffing and infrastructure issues since he began working on inquests in 2011.
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