CBSA says it followed all protocols prior to Windsor man's death outside police headquarters
'Obviously someone's policies failed that day,' says lawyer for family of Colin Grey
The Canada Border Services Agency (CBSA) says it followed all internal protocols at the Ambassador Bridge when it detained Colin Grey, who later died outside of Windsor police headquarters.
On Nov. 29, the 63-year-old Windsor man was detained for hours because border officers believed he was drunk, according to his family.
However, the family said those symptoms were due to his Type 2 diabetes and diabetic neuropathy in his feet.
His son Christian, who was with him at the border, said he was too weak to blow hard enough to provide a breath sample and officers determined that to be a refusal.
Grey was eventually transferred to Windsor police custody. He was released the same day after being held for six hours between both law enforcement agencies.
Moments after being released, Windsor police said he went into medical distress right outside of police headquarters and later died.
The family has hired Toronto-based lawyer Joel Dick to get some answers.
In addition, Dick tells CBC News that the family's intentions are to seek some accountability and ensure this doesn't happen to someone again.
He also said they're trying to establish a timeline to show how much time Grey spent in CBSA custody versus being detained by Windsor police.
"Obviously someone's policies failed that day," Dick said of an tragic interaction that should have been routine for police.
The CBSA says it followed all its protocols with respect to the Grey case.
Those protocols include asking individuals they deal with if they have any medical conditions, when they ate their last meal and checking on them every 15 minutes in a detention cell. A spokesperson also said CCTV footage of those detention cells is "monitored to ensure the individual's health and safety."
When someone is believed to be impaired at the border, the superintendent on duty is supposed to be "immediately made aware of the arrest and detention."
"If a CBSA officer has any reason to suspect a medical concern regarding an individual, an emergency medical service would be contacted immediately, even if the person denies requiring a medical assessment," a CBSA spokesperson told CBC News.
The CBSA says it reviewed officers' interactions with Grey from Nov. 29 and determined "all agency protocols were followed and conducted in accordance with officer training."
"As there was no indication there was a need for emergency medical services to attend in this case, the individual was transferred appropriately to the Windsor Police Service," the spokesperson said.
Police won't say if they knew about Grey's medical condition
For privacy reasons, the CBSA wouldn't say if Grey, or his son, disclosed to officers that his symptoms were due to his diabetes.
Grey's son Christian previously told CBC News that he told officers about his father's medical condition. He said he also informed Windsor police officers.
A Windsor police spokesperson previously couldn't say if officers did receive that information, if Grey was provided medical care or offered anything to eat or drink while in custody.
Coroner's office reviewing death
Meanwhile, the provincial coroner's office tells CBC News that it's trying to determine a cause and manner of death. That may also lead to recommendations and feedback, as would be the case in many death investigations.
The coroner's office said Grey's death doesn't "meet the criteria of a mandatory inquest under the Coroners Act."
However, the family's lawyer hopes Ontario's coroner exercises their discretion and orders an inquest into Grey's death because there was significant police involvement that day.
Dick said they're also waiting to find out Grey's official cause of death.