Incoming Sask. coroner Clive Weighill flags potential changes to death inquests
Lawyers say some of his ideas are practical but others don't go far enough
The man tapped to lead the Office of the Chief Coroner has had a lot to say about how Saskatchewan should rethink its coroner's inquests.
Now, less than a month before Clive Weighill takes office, lawyers involved in past inquests say some of Weighill's suggestions are welcome while others won't do enough to restore the public's confidence in inquests.
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In a broad review of the coroner's office released last June, Weighill, the recently-departed Saskatoon police chief, aimed nearly a quarter of his recommendations at inquests: public processes that probe the deaths of people who die in jail, police custody or under unexpected circumstances.
A coroner's inquest is required for in-custody deaths.
Decisions on inquests 'arbitrarily made'
One of Weighill's recommendations called for a committee — not the chief coroner — to decide whether to hold inquests for deaths that don't involve a person in custody. He also stressed the province should develop criteria for triggering such "discretionary inquests."
The October 2017 death of Brydon Whitstone, a 22-year-old who was fatally shot by an RCMP officer in North Battleford, is the most recent case to spark a discretionary inquest.
In the past, the decision about whether to hold discretionary inquests has been "arbitrarily made" by either the chief coroner or, in rare cases, the minister of justice, Weighill wrote.
That hasn't always sat well, he added.
"If [a] family has been denied the opportunity to have a public airing of the circumstances, they may feel the persons involved, a government agency, or a workplace, will not be held accountable," he wrote.
"This dilemma has caused the most angst concerning the mandate of Saskatchewan's coroner system."
'A public perception thing'
Brian Pfefferle, a Saskatoon-based criminal defence attorney, welcomed the move to a panel.
"This is a public perception thing. Many people have complained about the system and don't feel that it's fair and transparent," he said.
"By having a panel rather than a single person, lobbing that sort of criticism is a lot more difficult."
Weighill said Saskatchewan should follow in the footsteps of Alberta, where the chief medical examiner makes a recommendation but the ultimate decision on hosting an inquest is made by a panel.
In Alberta, that panel includes a lawyer, a doctor and a civilian.
"Any time we can divide that responsibility over [several] people and bring the collective wisdom together, that might give further assurance that indeed the right decision would be made," said Saskatoon's Ron Piche.
Piche is lined up to represent Brydon Whitstone's family during the December inquest into Whitstone's death — potentially the first inquest to happen under Weighill's watch.
But Piche is tempering his expectations.
"[Weighill] won't be so far into his tenure that we're going to see the effects of his appointment on these inquests," said Piche.
When his report was released two months ago, Weighill told reporters he hoped some of his ideas would be implemented immediately.
Justice Minister Don Morgan said the province would consider them.
Presiding coroners 'muzzled'
According to Pfefferle, Weighill's potential "gamechanger" is the idea of letting an inquest's presiding coroner, typically an experienced lawyer, make their own recommendations on top of those of the six-person inquest jury.
"We have very well-trained, experienced [presiding] coroners that are sitting on these inquests and, in addition to conducting the process, they may have some very useful comments to make, but they're not able to make them," said Pfefferle.
"I'm not saying that juries don't come up with innovative and creative recommendations, but what would be lost in letting the adjudicator join in on those recommendations?" echoed Piche.
"In some ways, they are muzzled."
Latest inquest 'somewhat anti-climatic'
Chris Murphy, a Toronto-based lawyer, called on Weighill to take even more drastic steps.
Murphy recently represented the family of Jordan Lafond, a Saskatoon man whose death was ruled an accident by a coroner's inquest jury.
Lafond was involved in a police chase in October 2016. The truck he was in crashed into a fence, ejecting him from the vehicle.
The jury heard that the impact of the crash was a major factor in Lafond's death but that he was also kneed in the head four times by a Saskatoon police officer.
A pathologist with the coroner's office said he could not decide which impact to Lafond proved fatal.
None of the jury's ultimate recommendations were directed at the police, leaving Murphy and the Lafond family with a "somewhat anti-climatic" feeling, said Murphy.
"We didn't want to find out fault, but at the same time, we want to get to the bottom of what happened," he said.
Murphy says Saskatchewan's Coroners Act "handcuffs" jurors by only allowing them to make recommendations meant to prevent similar deaths.
"The Ontario act permits juries to make recommendations directed to the avoidance of future deaths, but also 'respecting any other matter arising out of the inquest,'" said Murphy.
"In my view, the Saskatchewan legislation is much more restrictive," he added. "I encourage Mr. Weighill to work towards expanding the legislation to permit jurors to make recommendations on issues they believe are important."
Piche also finds Weighill's recommendations lacking in one respect. He says more should be done to track whether an inquest jury's recommendations are actually followed up on.
'They cost money'
Murphy agrees with Weighill that the coroner's office needs to do a better job of communicating with the public and with families going through inquests.
"In the case of Charmaine Dreaver [Jordan Lafond's mother], essentially she was communicated with via letter every few months," said Murphy.
Weighill called for the creation of a new advocate to assist families.
"I'm assuming that there will have to be some hires made and some of the positions filled before people are going to say that they've got some restored confidence," Justice Minister Don Morgan told reporters in June.
Weighill's recommendations come as the costs of coroner's inquests are rising (according to his report), while the overall budget for the coroner's office has stayed at around $3 million in recent years.
Pfefferle said Weighill may have to pick and choose.
"Many of the things that he's recommending, they're supported wholeheartedly, it seems, by many people in the system. But they cost money," said Pfefferle.
"There may be a situation where you have to triage and pick what things you're going to be implementing and what things you're not."
Weighill declined to comment for this piece, citing restrictions currently in place because of a provincial government by-election.
His first day in the coroner's office is Sept. 17.
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