Manitoba Death in custody: Judge urges creation of sobering shelter in northern Manitoba

THE PASS, man. –

A judge is urging the Manitoba government to look into establishing a safe sobering center in a northern community to prevent the deaths of people in custody due to intoxication.

The recommendation follows an inquest into the 2019 death of John Ettawakapow in the town of The Pas.

The inquest heard that RCMP arrested the 54-year-old on October 5, 2019, on charges of causing a public nuisance while intoxicated. He was being held in a police cell with two others when a cellmate accidentally placed his leg and foot on Ettawakapow’s neck and face.

“Mr. Ettawakapow died in police custody from preventable causes. He needed help but didn’t get it,” Judge Brian Colli said in the report released Thursday.

Colli has called on the Department of Justice to work with local First Nations, community organizations in The Pas and the Addictions Foundation of Manitoba to create an alternative form of care for intoxicated people who do not pose a threat to themselves or others.

During the inquest, the executive director of the Main Street Project in Winnipeg spoke about a program that provides safe shelter for intoxicated people detained by police. The protective care program is considered a safer option than spending time in a police cell.

“Such a program, in my opinion, if properly designed, would put an end to the type of deaths suffered by Mr. Ettawakapow and would also free up police resources to address other threats to community safety,” Colli wrote in his report.

Justice Minister Matt Wiebe said the province has been working with local organizations on a community and safety wellness plan.

“There is a lot of potential for improvement, not just in The Pas but across the province,” he said Thursday. “As each community comes forward with their specific plans and recommendations, I think there will be opportunities for us to step up as a government and support the specific needs that they have.”

Ettawakapow was a First Nations man from nearby Moose Lake. He was a long-time member of the homeless community in The Pas.

Ettawakapow’s family told the inquest he was a good man who was more than his addiction and was loved.

Police officers, including those present the night of his death, testified that Ettawakapow was a pleasure to be around. Some considered him a friend, with one officer telling the inquest he would sometimes buy the man coffee and food.

Ettawakapow was placed in a holding cell shortly after 7 p.m. when police picked him up.

Surveillance video presented at the inquest showed Ettawakapow being placed on the ground. About an hour later, as Ettawakapow lay on his back, a cellmate placed his leg over the man’s neck and lower face.

The video shows Ettawakapow unsuccessfully trying to move the man’s leg away from him. The last time Ettawakapow was seen moving in the video was around 8:20 p.m

Inquest policy requires guards to physically check prisoners at least once every 15 minutes by opening a slot in the cell door and looking inside. Guards are expected to use the monitors between physical checks.

According to the report, only one physical check was conducted before an officer discovered Ettawakapow in distress about five hours later.

“If police policy had been followed, Mr. Ettawakapow likely would not have died that night,” Colli wrote.

The inquest heard that both police and emergency medical personnel made persistent attempts to revive him before he was declared dead.

The lead investigator testified that three factors contributed to Ettawakapow’s death: alcohol poisoning, pre-existing heart conditions and the placement of the leg over his face and neck.

Colli also called on the Ministry of Health to work with RCMP to implement a program that would provide officers with quick access to medical personnel who could determine a person’s level of intoxication and whether he or she should be in a police cell must be accommodated.

Police policy does not require medical intervention in the event of drunkenness. Instead, the arresting officer must determine whether medical intervention is necessary.

According to the report, they would have monitored him to ensure he did not stop breathing if medical intervention had been sought and staff had become aware of Ettawakapow’s blood alcohol level.

“(Ettawakapow’s) death was a tragedy. We must do the best we can to ensure that help arrives in time for others in need,” said Colli.

This report by The Canadian Press was first published Nov. 7, 2024.

— By Brittany Hobson in Winnipeg with files from Steve Lambert