Jury in Kugluktuk coroner’s inquest rules death accidental, makes recommendations around prisoner protection

After a 4 day coroner’s inquest into a person who died whereas in police custody, a jury handed down their suggestions for the way Nunavut RCMP, the hamlet of Kugluktuk, and the Nunavut Authorities can forestall related incidents sooner or later.

In 2018, 22-year-old Austin Maniyogena died whereas in police custody at Yellowknife’s hospital on account of a head damage he sustained after his detainment by a Kugluktuk bylaw officer.

The inquest jury discovered Maniyogena’s demise to have been unintended, and the results of extreme head trauma possible brought on by a fall.

The jury additionally made a number of non-binding suggestions. Amongst them are sensitivity coaching and physique cameras for RCMP to doc officers’ actions and construct belief with group members. The jury additionally beneficial coaching police to hunt medical consideration for unresponsive prisoners, no matter any degree of intoxication. 

“Diminished consciousness attributable to intoxication doesn’t have an effect on the necessity for medical evaluation,” one juror mentioned in the course of the verdict listening to.

Conflicting testimonies

Maniyogena was first detained by Kugluktuk bylaw officer Matthew MacDonald who was responding to stories of Maniyogena driving an ATV whereas intoxicated. MacDonald advised the coroner’s inquest that he had by no means arrested anybody earlier than Maniyogena. 

He mentioned that he referred to as RCMP and was advised by Cpl. Tim Fiset to drive Maniyogena to the detachment. 

MacDonald testified that on the best way, Maniyogena escaped by way of the bylaw automobile’s window and fell to the highway. He mentioned this left Maniyogena with blood round his nostril and ear and a reduce above his eye.

MacDonald mentioned he phoned the hamlet’s well being centre and requested for an ambulance, and by no means noticed Maniyogena regain consciousness.

He mentioned he referred to as RCMP once more. Fiset arrived on scene and each officers put Maniyogena into the again of Fiset’s automobile. 

MacDonald testified he advised Fiset what had occurred and that an ambulance was on the means.

The bylaw officer’s account differs from that of RCMP Cpl. Fiset’s. 

Fiset testified that when he arrived on the scene of Maniyogena’s fall, he was injured, “very intoxicated” and had a reduce above his eye.

Not like MacDonald, nevertheless, Fiset mentioned Maniyogena was aware and responded when he spoke to him. Fiset mentioned he was by no means advised that the well being centre had already been referred to as or that an ambulance was on its means. The group member driving the Kugluktuk ambulance that day testified that when she arrived, nobody was on scene.

Fiset mentioned that the group well being nurse on obligation advised him to attend till Maniyogena was sober to convey him medical consideration. The nurse testified that she took the RCMP officer’s phrase that Maniyogena was “strolling and speaking” with out seeing the affected person. 

Among the many jury’s suggestions to the hamlet was to vary its insurance policies so {that a} name for medical help is taken into account energetic till a affected person is assessed over the cellphone or in particular person, no matter third-party data.

The jury additionally beneficial that Kugluktuk’s hamlet prohibit bylaw officers from arresting or transporting prisoners except they’re skilled and geared up to RCMP requirements, though particulars on RCMP requirements of arrest and transportation had been not talked about.  

‘Fast consideration for semi-conscious prisoners’

Earlier within the week, the inquest additionally heard from Dr. Harold O’Connor who’s an knowledgeable in emergency drugs. He mentioned Maniyogena wanted medical consideration instantly after falling out of the truck.

O’Connor additionally testified that legislation enforcement additionally ought to have given Maniyogena medical consideration primarily based on the extent of consciousness Maniyogena reportedly confirmed after the autumn and within the cells.

Surveillance video confirmed Maniyogena immobile in his cell with officers current. 

Officers referred to as for medical consideration 5 hours after taking Maniyogena into cells, and solely after discovering him unconscious and struggling to breathe. 

The jury beneficial that RCMP be skilled in order that officers and civilian guards “have a stable understanding of the necessity to search rapid medical consideration for semiconscious prisoners.” 

The non-binding jury suggestions embrace:

• RCMP will assessment and revise coaching of RCMP and civilian guards to make sure personnel search medical look after unresponsive prisoners no matter any degree of intoxication.
• RCMP will revise operational guide 19.2 to require medical care in any case of precise or attainable head damage in an arrest.
• RCMP in Nunavut put on physique cams to construct transparency and belief between police and the general public.
• RCMP will take common sensitivity coaching.
• The Authorities of Nunavut of assessment life assist and trauma coaching for nurses in Nunavut.
• The Authorities of Nunavut will guarantee requires medical help stay energetic till a medical evaluation is performed both over the cellphone or in particular person with the shopper no matter third-party data.
• The Hamlet of Kugluktuk will guarantee bylaw officers don’t have interaction within the arrest or transport of prisoners with out insurance policies, coaching and tools that meet RCMP requirements.
• The hamlet will generate normal working and procedures and coaching for bylaw officers.
• The hamlet will search authorized recommendation relating to the authority of bylaw officers to make arrests.
• The hamlet and Authorities of Nunavut will make sure the ambulance is satisfactorily staffed and geared up.