Coroners Act - Lecture Notes PDF

Preview

Summary

Lecture Notes ...

Description

Coroners Act Ontario: close to 90,000 deaths each year Most are not suspicious – natural causes, accidental or suicide (approx. 200 are homicides) Five Questions in a Death Investigation  Who died? ID  How did the person die? Medical cause such as cardiac arrest  When did they die? Date  Where did the deceased die?  By what means – homicide, suicide, natural causes, accidental and undetermined Coroner’s Act of Ontario “to speak for the dead and protect the living”  Authorizes full investigations into deaths  Imposes a duty on the public to report deaths – either suspected, unintended, inmate deaths or resident of a psychiatric facility  Dictates when an inquest into a death is mandatory  Establishes procedures for inquests into deaths  Appeal processes in relation to inquests or coroner’s decisions  Ensures coroner’s inquests don’t interfere with ongoing criminal investigations or trials Coroner’s Act of Ontario  Ministry of community safety and correctional services – officer of the chief coroner What is a Coroner? Role of the Coroner  Jurisdiction over deceased person  Pronounce death  Statutory authority to investigate sudden or unexpected deaths – circumstances that warrant further investigation – police seize evidence for them  Powers include: taking possession of the body, enter and inspect where deceased person was, inspect records, search and seizure anything related to the death  Issues a warrant to seize the body and perform a post mortem examination under 15(1) of the Coroners Act (pathologist) Coroner Notification or Police  Deaths that occur suddenly or unexpectedly  Deaths at a construction or mining site  Deaths wile a person is in custody or while is incarcerated in a correctional facility Coroner’s Notificiation  Deaths when the use of force by a police officer, special constable, auxiliary member of a police force or first nations constable is the cause of death  Deaths that appear to be the result of an accident, suicide or homicide Section 10(2) b) death in childrens residence d) supportive group living residence e) psychiatric facility under the MHA h) death in a public or private hospital 2.1 where a person dies in a long-term care facility (nursing home or home for the aged)

Coroner Notification  Where a person dies as a result of medical assistance in dying  Doctor/nurse practitioner shall notify of death to the coroners and provide all information  The coroner can investigate if they feel its required and can order an inquest into the death  In a situation where a person dies while being treated by a doctor for a disease or illness  No coroner notification is required Investigative Powers – Coroners Warrant Subsection 15(1) – authorizes coroner to issue a warrant to seize a dead body  Answer questions found in Section 31 – who, what, where, when, and by what means the person died  Determine if an inquest is necessary  Collect/analyze information to prevent similar occurrences Coroner has statutory investigative powers under the Coroners Act  Coroner may also delegate powers to police officers or medical practitioners not designated not designed as a coroner Act authorized these three classifications of persons (coroner, police, med.prac.) to take the following action:  Subsection 16(1): view or take possession of a dead body  Enter and inspect (not searching) – place where dead body was found or reasonable grounds to believe previously contained the body (body had been removed) Inspect any place where the deceased person was/reasonable grounds to believe they were before death  Inspect and extract information from records or writing related to the deceased  Seize anything that there is reasonable grounds to believe is material to the investigation PM Examination Subsection 28(1)  Coroners can at anytime issue a warrant for a pathologist to perform a post mortem examination  Examination of the body to assist with answering questions Additional Examinations  Can also require other examinations and analysis (blood/alcohol or drugs)  Direct any person to assist with the investigation (mechanic to check fitness of a motor vehicle)  E.g. Death at a construction zone – checking of equipment or building/seize wreckage  Accidental drowning of a child 0 have lock on gate inspected/height of the fence Conducting the Post-Mortem  Qualified forensic pathologist (under the Ontario Pathology Service) – 6000 PMs/year  Internal and external aspects of the body of the deceased visually, surgically, and or microscopically examined  Determine the anatomical cause of death  Involved examination of the tissues by eye and under a microscope and may include testing for drugs, chemicals or poisons (toxicology) or for infections (microbiology)  Autopsy services are completed under a coroners warrant Decisions to conduct PM is made by coroner – sometime in consultation with the pathologist – decision is legally binding  Should always be witnesses by investigator  Shared relevant information found at the scene to assist determining the cause of death  All information shared should be documented Coroners Inquest

5 purposes of the coroner’s inquest – to determine  Who the deceased was  How the deceased came to his/her death  When the deceased came to his/her death  Where the deceased came to his/her death  By what means the deceased came to his or her death Coroner feels its necessary in the public interest  Jury could make recommendations to avoid deaths from occurring in a similar manner  Presided over by a coroner  5 member jury – majority decision only required  Open to the public Prohibited under 31(2) from making a determination regarding legal responsibility for the death  Cant rule who is criminally responsible for the death, only the circumstances that contributed to the death  If a person is charged with the inquest is ongoing, the inquest is closed until the criminal proceedings are completed Coroners Authority/Inquest Police deaths and suffering from mental illness  Jury provides recommendations to prevent future deaths under similar circumstances  Jury prevented from making legal findings or expressing conclusion of law – make recommendations  Police officer involved from the time the body is seizure until the time of the hearing  Coroners act directs local police service to assist coroner – coroners constable Mandatory Inquest Subsection 10(3) and 10(5)  Coroner must call on inquest in the following circumstances:  Person in a inmate of a psychiatric facility  Person in an inmate at a correctional institution  Person is under secure or open custody under the YCJA  Person is in the custody of a police officer  Death occurs while deceased is working at a construction project, mining plant, mine (included pit or quarry)  Person can be in custody and at different location – inquest must still occur  Does not have to be in physical custody of a police officer for the requirement to be covered Coroners Inquest How are the ten recommendations the inquest jury made mandatory 1. That the Ontario Police College include training by people who have used mental health services 2. That the event’s surrounding Mesic’s death be included in scenario training at the Ontario Police College. 3. That Hamilton Police receive additional, annual “emotionally disturbed person” training by people who have used mental health services, “due to the statistics supporting the amount of police calls dealing with emotionally disturbed persons in Hamilton.” 4. That Hamilton police consider radio messages to alert officers of people displaying “self harm and harm to others.” 5. That Hamilton police monitor the Toronto police lapel camera pilot project, and implement something similar if it gets good results 6. That all police services in Ontario have all “subject officers” investigated by the Special Investigations Unit submit to mandatory re-certification of use of force training, and mandatory consultations with psychologists before going back to work.

7. That St. Joseph’s hospital review its client observation process and monitor staff adherence to the process. The jury also recommended enhanced patient identification measures. 8. That St. Joe’s develop a specific policy for “off ward passes” in the mental health and addiction program. 9. That St. Joes standardize the transfer of primary responsibility between patients and physicians. 10. That when family involvement is accepted by a client, that St. Joes increase communication with the family for the plan of care before a form 1 or form 3 that keeps the person in hospital expires. Inquest Participation Can apply for “standing”/legal representation  If a person is granted standing by the coroner they have a “substantial and direct interest” in the inquest – family member  Coroner is usually represented by the crown  Standing means you can cross-examine, call, witnesses, enter evidence, make recommendations Use of Force  No specific use of force authority  No arrest authority  Limitation period is 6 months Common Offences  Failure to report a death to a coroner  Interfere with the body of a deceased person  Shipment of a body outside Ontario without a certificate from the coroner  Obstruction a coroner or a person authorized by a coroner to carry out an investigation Search Powers  View and seize any body  Enter and inspect any place where a dead body is sound and any place from which the coroner has reasonable grounds to believe the body was removed  Inspect any place in which the deceased person was, or in which the coroner has reasonable grounds to believe was, before his or her death  Inspect and extract information from any records or writings relating to the deceased  Seize anything that the coroner has reasonable grounds to believe is material to the purpose of the investigation...