March 23, 2009
TORONTO — The deaths of two aboriginal men trapped in cells during a jailhouse fire were almost inevitable given the deplorable state of policing in First Nation communities, a coroner's inquest heard Monday.
Ricardo Wesley, 22, and Jamie Goodwin, 20, died on Jan. 8, 2006 when fire engulfed the police holding facility in Kashechewan First Nation, a fly-in community in northern Ontario.
Coroner counsel Margaret Creal said witnesses are expected to testify that police frantically tried to free the men as smoke filled the building but fumbled with unlabelled keys and were unsuccessful.
Julian Falconer, lawyer for the Wesley family, said the family has been waiting a long time for answers and is content the inquest is finally going forward after procedural delays.
"They're looking forward to having some meaning put into the senseless deaths of their loved ones," Falconer said.
"These are clearly deaths that never had to happen. The state and conditions of detachments in First Nations territories are deplorable.
"Red flags to governments, both federally and provincially, are on record dating years back yet these deplorable circumstances were allowed to continue."
The inquest jury visited Kashechewan two weeks ago to observe the fire scene and other sites in the community.
"Certainly from the family's perspective that was an important first step," Falconer said, although he wouldn't comment on how informative he thinks it was for the jury.
"The educational process for the jury, the lawyers, the public, the media starts today and will continue, so it's hard to say (how illuminating it was) until it's over."
The jury is tasked with making recommendations, if appropriate, that could prevent similar deaths.
Falconer said he hopes that enhancing policing for aboriginal communities will be addressed.
"Federal and provincial governments have promised, have contractually agreed that, First Nations would receive the same level of police services as non-First Nations communities in similar circumstances," he said.
"That is so far from reality that as a first step we need to fix that, we need to fix the gap that's left so many communities destitute."
By law, an inquest is required when a person dies while in custody.
Dr. David Eden is presiding as inquest coroner.