Video of Thunder Bay officer dragging First Nations man can be included in inquest, coroner rules

WARNING: This story contains language and content some readers may find disturbing.

An Ontario coroner has ruled that video footage of a First Nations man being dragged inside the Thunder Bay police station can be included as evidence in an upcoming inquest.

The inquest will look at the circumstances surrounding the Aug. 2, 2014, death of Don Mamakwa, 44, of Kasabonika Lake First Nation, and the death of Roland McKay, 50, of Kitchenuhmaykoosib Inninuwug on July 20, 2017.

Mamakwa was arrested for public intoxication and later found dead in his cell at the police station. McKay also died in Thunder Bay Police Service custody, after being arrested for public intoxication.

The video shows how Thunder Bay police officers treated a third man, Dino Kwandibens of Whitesand First Nation. Kwandibens was brought into custody just minutes after Mamakwa. 

Lawyers for the police service and several individual officers filed a motion in November 2020 to exclude the security footage from the inquest, arguing it fell outside the scope of the inquest, and would prejudice the coroner's jury and the proceedings.

A date for the inquest into the deaths of Mamakwa and McKay has not yet been set.

Some of the questions the inquest will try to answer include:

The hearing into use of the footage was held in January 2021, but a decision was not made until this week.

In his Wednesday ruling, presiding coroner David Cameron rejected arguments to exclude the video, saying it's entirely relevant to the scope of the inquest, and any potential prejudicial impact to the inquest could be addressed "through proper instruction to the jury."

Cameron noted that Mamakwa and Kwandibens were First Nations men who were booked at the same location within minutes of each other, and in both cases, "the booking officers appeared to dismiss the possibility that the men were in medical distress, despite their presentation."

"The question of whether racism, bias or stereotyping was a factor in Mr. Mamakwa's death should not be examined in a vacuum … the fact that another Indigenous man was almost simultaneously experiencing very similar treatment may suggest systemic issues that need to be addressed to prevent further deaths," Cameron added.

A spokesperson with the Thunder Bay Police Service said they would not be commenting on any matters related to a pending inquest.

But Julian Falconer, a lawyer representing both the Mamakwa and McKay families, said the video demonstrated how racism, stereotyping and bias played a role in the deaths of both men — something that is part of the inquest scope.