An investigation into the death of an Indigenous man in the care of Smithers RCMP is not being referred to the B.C. Prosecution Service for consideration of charges against officers.
That’s according to a report by the Independent Investigations Office of BC (IIO).
The report said the man was arrested on September 1, 2022, and charged with aggravated assault in relation to an alleged home invasion.
While in custody, the watchdog said the man had complained of pain requiring medication and had been taken to hospital where he was prescribed painkillers.
He was found unresponsive in his cell on September 4 that year after he had hung himself with a noose made from a pair of tube socks according to the IIO.
The watchdog said a civilian jail guard was on duty that evening who after providing a meal, only monitored the man from his guard station, which included video monitors showing cell interiors.
The report added the man was discovered to be unresponsive about an hour after he stopped moving in his cell, with officers starting CPR and calling paramedics.
The IIO said an autopsy report indicated the cause of death was “asphyxia due to or as a consequence of hanging”, noting “other significant conditions contributing to death” as methamphetamine and fentanyl toxicity.
It added that the IIO did not have jurisdiction over jail guards at the time of the incident, with the RCMP investigating the on-duty guard’s actions.
The IIO concluded the man’s death was “tragic and could have been prevented.”
“However, as Chief Civilian Director of the IIO, I do not consider that there are reasonable grounds to believe that an officer may have committed an offence under any enactment and the matter will not be referred to the [BC Prosecution Service] for consideration of charges,” said Chief Civilian Director Jessica Berglund.
The full report can be read here.
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