THUNDER BAY — The Thunder Bay Police Service is acknowledging that reinvestigations into the deaths of nine Indigenous people between 2009 and 2017 revealed "several issues" related to each of the original TBPS investigations.
The new probes were conducted in response to recommendations from the Office of the Independent Police Review Director's Broken Trust report in 2018.
They were done by an independent multi-disciplinary, multi-agency team that recently submitted its report to the OIPRD and the Thunder Bay Police Services Board.
TBNewswatch obtained a copy of the report.
The team found that the cause and manner of death in eight of the cases was the same as the findings from the original investigations, but it identified shortcomings in the way all nine cases were investigated.
The 2016 death of an individual was originally ruled as accidental, with the cause being hypothermia.
The new investigative team changed the manner of death to undetermined, with the cause being "hypothermia and ethanol intoxication in a woman with blunt force trauma."
Issues it found with the initial police probe included:
- It was conducted without a lead investigator
- It was conducted as a sudden death investigation rather than a suspicious death or murder case
- It should have been ruled as suspicious at the outset
- There was evidence a sexual assault might have taken place, and the investigation should have been conducted as a Major Case and homicide until proven otherwise
- If this was treated as a suspicious death, there would have been more emphasis on possible foul play. There is no reason, with the number of bruises and injuries on the person's body, that further follow-up was not completed
- Video was available from a business along the deceased's presumed route of travel, yet no report or notes were submitted advising whether police had reviewed the video
- Video from another business was seized but not reviewed
- Seizure of exhibits at the scene was poorly executed
- Forensic Identification Officer attended the post-mortem exam with no prior knowledge of the investigations
- Statements were not obtained from key persons involved in the incident
- Several witness statements were not obtained, including one of the last people to see the woman alive
- The last person who was with her before she was found dead was interviewed as a witness but not a suspect
In a statement issued Wednesday morning, TBPS said "First and foremost, it is important to acknowledge the impact on the families regarding the loss of a loved one...Therefore we have fully supported the independent oversight...and the experts brought onboard for the reinvestigation of each of these deaths."
However it added that the process for how death investigations are conducted has evolved considerably since 2000.
Chief Sylvie Hauth said the multi-disciplinary team was able to employ the advancements in investigative technologies and methods that have occurred over the last 22 years to examine the cases in depth.
"It is therefore not surprising that they were able to point to deficiencies in the original investigations," Hauth said.
The statement went on to outline numerous initiatives TBPS has taken in response to Broken Trust recommendations, including increased staffing in the Criminal Investigations Branch, the establishment of a Major Crimes Unit, enhanced training, and the assignment of a Family Liaison Officer to facilitate communication with families "which is open and respectful of cultural needs."
Hauth said TBPS has understood the need to take a critical view of the entire death investigation process including police, the Coroner's Office and the legislation that provides the legal framework.
She said the police service is therefore waiting for a final report to be written by an independent author that will provide recommendations for all agencies involved in the death investigation process.
"These recommendations will have an impact on death investigations in Ontario," Hauth said.
In addition to the re-examination of the nine deaths named in the Broken Trust report, a Blended Investigation Team has recently recommended reviews of the TBPS investigations of 14 other Indigenous people, a coroner's review of a vulnerable missing persons case where the deceased was Indigenous, and a coroner's review of a fatal drug overdose case involving an Indigenous person.
The TBPS statement said the service recognizes that each death it investigates is unique, that it "will continue to evolve and respond to the needs and best interests of families and communities who have lost loved ones" and that it remains "committed to building trust with Indigenous peoples."
A spokesperson for the Ministry of the Attorney General told TBNewswatch the ministry is still considering the request for the reinvestigation of the 16 deaths.
He said the ministry will determine the appropriate next steps, including notification of families at the appropriate time, and in consultation with the police service and victims' services.
