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Inquest into death yields recommendations

Author

Len Kruzenga, Windspeaker Contributor, Kenora, Ont.

Volume

17

Issue

7

Year

1999

Page 9

More than four years after 57-year-old Ojibway trapper Joseph Pahpasay was found dead in a Kenora Police Service jail after been detained for intoxication, an inquest into his death has recommended the Kenora Police Service implement three recommendations to help prevent future tragedies from occurring.

The five-person jury deliberated for just over an hour and suggested the Kenora Police Service employ nurses to staff the jail 24-hours a day, seven days a week. They also recommend the service employ people who speak Ojibway and Cree, and train all Kenora Police Service staff so that they can identify people undergoing medical distress.

Pahpasay was arrested on the morning of July 1, 1994 after police received a call about a man passed out in a bus shelter. Police say Pahpasay, who was disabled and confined to a wheelchair, was intoxicated and was detained in a police cell. But eight hours later Pahpasay was found dead in the cell.

A Special Investigations Unit assigned by the province to investigate the case recommended that a custodian on duty at the time and the police sergeant on duty that day, George Curtis - now the force's police chief - face trial for failure to provide the necessities of life. However the charges against the custodian were dropped and Curtis was eventually acquitted. An attempt by Pahpasay's relatives to sue the town and the police in civil court also failed.

But since Pahpasay's death, three other First Nations people have also died while in Kenora police custody for public intoxication.

Two years ago, another coroners inquest held to examine the circumstances surrounding the death of Michael Fox resulted in a number of recommendations to the Kenora Police Service. They included implementation of more frequent checks of detainees by police staff, and the installation of a closed circuit camera to monitor the cells.

But the death this summer of 57-year-old Mary Eliza Keewatin, who was also detained by police for public intoxication, has heightened concerns in the community that Kenora Police Service has changed little in the past four years.

"This has to stop. People shouldn't be dying in jail because they are intoxicated. The police should be taking them to hospital first to make sure the person is not in medical distress," said one Pahpasay relative who refused to identify herself. "Our people are receiving a death sentence for having a disease called alcoholism."

Rainy River Liberal MP Robert Nault, recently appointed as Minister of Indian Affairs, said his government's pledge to improve health care for First Nations must include providing shelters and improved medical facilities and assistance for such cases.

Curtis has requested more community services such as shelters and improved access to medical treatment for intoxicated people be available at the Lake of the Woods Hospital. He said he will be calling on Nault to get Indian Affairs assistance to have someone with medical expertise on Kenora Police Service staff at all times.

He noted that the other recommendations made by the Pahpasay inquiry jury, which was comprised of several First Nations jurors as well, were impressive.

"They are valid recommendations that we have to look at seriously to prevent future mishaps," said Curtis.

The Kenora Police Service report they have already picked up more than 3,000 intoxicated people this year alone - almost all whom have been First Nations people.