The province's police watchdog has ruled there are no grounds on which to charge a London police officer in connection with the death of a 29-year-old man, who collapsed at the Elgin Middlesex Detention Centre (EMDC) last December.
The Special Investigations Unit (SIU) released its decision on Wednesday. According to its report, a 29-year-old man was arrested without incident at a local men's shelter and charged with arson on December 26, 2018. While being held at police headquarters the man complained of back pain, but did not ask to see a doctor.
The following morning the man was taken to the London courthouse at 80 Dundas Street for a bail hearing. While he was awaiting his court appearance, a cellmate called to an officer to report the man looked sick. The supervisor of the cell area spoke to the 29-year-old, who turned down an offer to get medical attention. Nearly five hours later the man was taken to the EMDC on Exeter Road where he collapsed. The man was rushed to Victoria hospital, but died later that night.
An autopsy found the man died from pneumonia and lung abscesses. A history of intravenous drug use also contributed to the man's death, the pathologist wrote in a post-mortem examination report.
Video surveillance from the courthouse showed that, while in police custody, the man was able to walk to and from the holding cell and the courtroom without assistance or difficulty. The SIU did find some evidence that guards, who report to the officer at the centre of the investigation, were repeatedly told the man was having trouble breathing and needed medical attention.
"Certainly, if this evidence is believed, the conduct of the personnel who dealt with the [29-year-old man] at the courtroom cells is subject to legitimate scrutiny under one or both of the aforementioned Criminal Code provision," Interim SIU Director Joseph Martino said in his report. "The focus of the SIU’s liability analysis, however, is with the conduct of the [subject officer], as the police employee witnesses who interacted with the [29-year-old man] do not fall within the mandate of the SIU."
The SIU was unable to determine what the police officer knew about the man's condition while at the courthouse as he did not provide a statement to investigators or turn over his notes. A police officer is not legally required to provide the SIU with their notes or provide a statement.
When interviewed, none of the guards who dealt with the man at the courthouse said they reported any concerns to the officer under investigation, Martino noted.
"On this record, there is insufficient evidence to conclude on reasonable grounds that the [subject officer's] conduct transgressed the limits of care prescribed by the criminal law. Consequently, there is no reasonable basis to proceed with criminal charges in this case and the file is closed," Martino concluded.
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.