Sault police cleared in incident where man had medical crisis in holding cell

Ontario's Special Investigations Unit headquarters in Mississauga, Ont. (Colin Perkel/The Canadian Press)

Sault police did nothing wrong when a man had a medical crisis while in a police cell, Ontario’s police watchdog has concluded.

The Special Investigations Unit (SIU) looked into the incident, which took place on March 1 when a 54-year-old man fell ill and was taken to hospital while in the custody of the Sault Ste. Marie Police Service (SSMPS.)

The incident

The suspect was arrested in his home on the strength of an arrest warrant that afternoon. Shortly after, his condition started to deteriorate, the result of an ingestion of fentanyl.

“Officers on scene administered naloxone and contacted paramedics,” the SIU said in its report.

“The (suspect) was transported in ambulance to hospital, arriving at about 4 p.m.”

Medical staff at the hospital examined the 54-year-old and cleared him medically.

At 5:45 p.m., he was transported by police to the station and subsequently lodged in a police cell where a special constable was assigned to keep watch over him.

“The (constable) conducted regular in-person checks of the (suspect) starting at about 6:48 p.m.,” said the SIU.

“At 7:15 p.m., he (the officer) observed the (suspect) sleeping awkwardly in a seated position. He summoned his supervisor for assistance.”

The supervisor with the help of other officers placed the suspect into the ‘recovery position.’

Putting an individual in the ‘recovery position’ involves moving them onto their side and tilting their head back. This position keeps the airway open and ensures that if the individual’s tongue falls forward and blood and vomit drain out.

The special constable went back regularly checking on the suspect and over the next four hours the 54-year-old remained in the position he was placed and the officer confirmed he was breathing on check of his checks.

At about 11:30 p.m., the constable became concerned with the suspect’s health.

“He noticed brown liquid on the bed, drool at the (suspect’s) mouth, and an eye that was open. He contacted the (supervisor) for help,” reads the SIU report.

“The officers were unable to rouse the (suspect.) His breathing had slowed significantly and his nails had turned blue.”

An ambulance was called to the scene with paramedics arriving within minutes who took over care of the suspect who was transported to hospital for treatment.

SIU decision

In his decision, SIU director Joseph Martino said the behaviour of the complainant left police little choice.

SIU director Joseph Martino said the only offences for consideration against the SSMPS or its officers were failure to provide the necessaries of life and criminal negligence causing bodily harm.

“Both require something more than a simple want of care to give rise to liability,” Martino said.

“The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons.”

SIU determined the 54-year-old man was lawfully in the custody of police throughout the events in question and the SSMPS officers who dealt with him comported themselves with due care and regard for his health and safety throughout his period of custody.

“There is no basis for proceeding with criminal charges in this case,” Martino said.

“The file is closed.”

Read the full incident narrative here.