London, Ont. police officer sentenced to 12 months in jail for death of Debra Chrisjohn
The officer has filed an appeal to the court and has been suspended with pay
A London police officer has been sentenced to 12 months in jail after he was convicted in the death of an Indigenous woman. But despite that sentence, London Police Service Const. Nicholas Doering will still receive his salary as he appeals the decision.
An Ontario Superior Court judge found Doering guilty of criminal negligence causing death and failing to provide the necessaries of life to Debralee Chrisjohn, a 39-year-old woman of Oneida of the Thames First Nation.
He was sentenced Monday, alerting the courts he planned to appeal.
"I am aware of Constable Doering's sentence today and have reviewed the decision. The circumstances of this case are tragic and difficult for everyone involved," said London Police Chief Steve Williams. "Effectively immediately, Const. Doering has been suspended from duty with pay.
Chrisjohn died in hospital following her arrest by Doering back on Sept. 7, 2016.
Before the arrest, police had been called after a report of a woman running in the middle of the street and trying to get into cars. Chrisjohn was high on methamphetamine at the time.
Upon her arrest, Doering was set to transfer Chrisjohn into OPP custody, but during the drive Chrisjohn's medical condition worsened, which Doering attributed to drug use.
By the time the pair arrived to the place of the transfer, Chrisjohn was lying on the backseat unresponsive to questions. Doering then lied to OPP and told them that her condition had been stable and that she had been assessed by paramedics.
Ultimately, Justice Renee Pomerance concluded that Doering's general assumptions about how people who use drugs behave played a role in how Doering handled the situation, which led to Chrisjohn's death.
Her family continues to struggle, according to their lawyer.
"It's been difficult for them. There's been a lot of grieving that has happened along the way and a lot of loss," said Caitlyn Kasper, a lawyer with Aboriginal Legal Services.
"So this this marks one more chapter that has kind of closed for them in terms of Debra being recognized as being a real victim in this process. And that was important to them."
Police association says court decision sets 'unsustainable precedent'
Shortly after Monday's sentencing, the London Police Association (LPA), which represents more than 800 members of the London Police Service, issued a statement.
"Police officers are expected to diagnose complex medical situations on the side of the road with inadequate training and equipment. Police officers are not healthcare experts, yet they have been forced into performing healthcare function for far too long," said LPA president Dave Gilmore.
"Continuing the current healthcare and policing model, whereby police officers are held accountable for systematic inadequacies in health care, addiction and mental health response, will only lead to further tragedy."
"We believe this decision from Justice Pomerance sets an unsustainable precedent and establishes an exacting standard of care on a system that already pushes our law enforcement personnel to their limits," he added.
Kasper does not agree.
"It wasn't just an omission from Nicholas Doering in terms of not just not seeking medical care, that's not it. And I don't think that anybody is expecting that police officers act as pseudo medical professionals," she said.
Instead, Kasper points to the theory that the only goal was to ensure the transfer of Chrisjohn to the OPP went through and that London police would not have to deal with her.
"That's unacceptable," said Kasper. "I hope (the decision) hits home to police services across the province and across the country that the justice system isn't going to put up with it anymore. And neither are communities. It's not good enough."
In the statement, Doering's lawyer, Alan Gold, said he has filed an appeal to the court's sentencing and that he is looking to have Doering released on bail.
The London Police Service said the officer can only be investigated for misconduct under the Police Services Act once the criminal process has concluded.