Former head of police oversight agency says families must be consulted in Thunder Bay death reinvestigations

The former director of Ontario's police oversight agency says he's concerned families are being forgotten as the reinvestigations continue into several Indigenous people who died over the last 20 years in Thunder Bay, Ont.

Gerry McNeilly says one of the key issues he highlighted in the Broken Trust report into the Thunder Bay police, which he wrote in 2018 while heading the provincial Office of Independent Police Review Director (OIPRD), was the need to include and treat family members with respect while investigating sudden deaths.

"I'm really, really disappointed in hearing that this consultation, this interaction with families is not taking place," said McNeilly.

Earlier in the week, family members and representatives of Indigenous people whose deaths are being reinvestigated spoke out about a lack of transparency and questions gone unanswered about a final report into the process.

The reinvestigations came as a recommendation of the Broken Trust report after McNeilly's team reviewed 37 sudden death investigations over nearly 20 years by the force, and concluded that nine were "so problematic" they had to be reinvestigated.

"Look, I don't expect the committee doing these reinvestigations to consult the family on police tactics or police investigative skills or tactics," said McNeilly. "I expect them, and I still hope that they will reach out to the families and keep them apprised."

A statement from Ontario's chief coroner said input from families of the deceased is a high priority for the reinvestigation team, and that a victim liaison officer communicates with families involved in the process often.

A number of letters obtained by CBC News sent from families and legal representatives tell a different story. 

A letter to the reinvestigation team from Anna Betty Achneepineskum, a former Nishnawbe Aski Nation deputy grand chief and aunt to two people whose deaths are being reinvestigated, said: "we have not been provided any information on how this report is being prepared or who is involved in critical decisions about the content, framing, and publishing of the report."

Calls grow for police chief to step away from review of final report

Families and representatives have also called for Thunder Bay police Chief Sylvie Hauth to recuse herself from any discussions about the final report into the reinvestigations.

Hauth currently sits on the executive governance committee, which oversees the process and is mandated with the "review, approval and public release ... as appropriate" of the final report.

"I expected her as the chief of police to inquire what was going on. And I expect that she would be kept apprised step by step as to what this committee is doing," said McNeilly.

The former OIPRD head said he didn't expect Chief Hauth to have a decision-making role in regards to what information is made public.

"It takes away the impartiality of that [executive] committee. And it takes away from the confidence that committee would display to the public and to Indigenous people," he added.

Hauth declined an interview request, referring questions to the province's Office of the Chief Coroner.

Asked whether Hauth has recused herself, a spokesperson for the coroner wrote, "any real or perceived conflicts of interest will be addressed."

The final report into the reinvestigations of nine Indigenous people is expected this summer.