SIU clears special constable after woman dies in Ottawa courthouse cell

Ottawa Citizen

17-07-2025

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The SIU concluded that the subject official had overall responsibility for the care of prisoners at the courthouse at the time, but it was clear she was not immediately involved in the woman's supervision, which fell on the special constables on duty at the time.
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'As there were no flags suggesting the [woman] was a suicide risk on intake at the courthouse from the correctional facility, it was understood that the [woman] was to be checked every 30 minutes,' said the report.
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The woman was last checked physically at about 10:44 a.m., when she returned to the cell following a visit with her lawyer.
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Presumably, she ought to have been checked again at about 11:15 a.m, said the report. However, it was not until about 11:34 a.m. that a special constable visited the cell area to deliver lunches and noticed the woman in crisis.
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A second special constable was tasked with keeping an eye on the prisoners from a bank of screens, in addition to other duties. It is apparent that he did not detect anything amiss before he went for lunch at about 11:10 a.m, said the report, nor did a third special constable who stepped in for the second constable.
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'Whether the aforementioned-conduct on the part of the special constables fell short of expectations, I am unable to reasonably conclude that it transgressed the limits of care prescribed by the criminal law,' the report concluded.
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Nothing short of dedicated, continuous monitoring would have guaranteed detection of her efforts at self-harm before it was too late, but there was nothing in the record available to the special constables that suggested the woman was suicidal and in need of constant supervision, said the report, which also noted that it's true that the woman would have been discovered sooner if not more than 30 minutes lapsed from the moment she was last with a special constable.
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However, whether a check at the 30-minute interval would have made any difference 'remains a matter of speculation.' The woman 'might well have been beyond the point of no return by that time.'
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A delay of about 20 minutes past the 30-minute personal check marker would also not appear particularly egregious, nor the fact that the woman's behaviour was not detected on video screen by the second special constable, said the report. There were upwards of 40 prisoners in the cell area of the courthouse at one time or another, each of whom would have required attention.
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Under the SIU Act, the director of the SIU must determine whether there are reasonable grounds to believe that a criminal offence was committed based on the evidence gathered in an investigation. If such grounds exist, the director has the authority to lay a criminal charge against the official.
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Martino said he was not persuaded on balance that there is sufficient evidence to reasonably believe that the care afforded the woman fell markedly below a reasonable standard in the circumstances — much less that it amounted to a marked and substantial departure from that standard.