Whitehorse Daily Star

Lawyer says jail cell policies were not followed

There have been changes in the way prisoners are monitored and cared for at the Whitehorse RCMP detachment since the death of Raymond Silverfox.

By Justine Davidson on April 21, 2010

There have been changes in the way prisoners are monitored and cared for at the Whitehorse RCMP detachment since the death of Raymond Silverfox.

But the policies now in place have always been there, they just weren't being followed on the day the 43-year-old Carmacks man died after spending 16 hours in police custody.

Yesterday, the fourth day of the coroner's inquest into Silverfox's death, the guard who was in charge of monitoring Silverfox during the day of Dec. 2, 2008, took the stand.

Heather Balfour said she had no concerns about Silverfox's health, in spite of the fact he was vomiting profusely. Balfour's log book shows the guard noticed Silverfox throw up five times during her shift. A surveillance video of the drunk tank where Silverfox was lodged shows the man vomiting at least 23 times between the hours of 8 a.m. and 4 p.m.

At one point the surveillance audio and video shows Balfour going to the door of the cell block and telling Silverfox to stop vomiting on the floor and use the toilet. "You'll have to clean it up,” she told him.

After that, Silverfox crawled to the toilet where he continued to be sick, sometimes making it to the bowl and other times vomiting where he lay on the floor.

She said she was used to people vomiting in the cells, and saw no reason to call for medical help.

"Even if it had been my own children, I wouldn't have done anything different,” Balfour said.

She said she thought Silverfox was drunk, not sick, and that she'd seen lots of people in his condition during her eight years as a guard. By the end of Balfour's shift, Silverfox had been in police custody for 11 hours and was still vomiting.

The amount of bodily fluids on the floor of the cell did not go unnoticed by other staff. At one point, another guard entered the guard room and looked at the monitor showing Silverfox's cell.

"Oh my God, what is that?” the guard asked.

"Puke,” Balfour responded.

"Oh dear God,” the other guard said.

At one point, an RCMP officer, Heather Kaytor, came into the cell block and noticed the condition of Silverfox's cell. She asked, "Are you sure he's OK?” and Balfour said he was, according to Kaytor's statement.

No one ever attempted to clean Silverfox or his cell. Even when the janitor arrived, no one asked him to clean the room Silverfox was in, though it was by far the most dirty.

Silverfox died later that night. He was taken to the hospital after being found "unresponsive” in his cell, according to police. He was pronounced dead shortly after 9 p.m.

There has been some indication during the inquest that Silverfox had pneumonia, but no medical evidence has yet been heard.

At the end of Balfour's testimony, she outlined seven changes that have been made at the detachment since Silverfox died: if prisoners vomit more than twice, they must

receive medical attention; if a prisoner vomits, urinates or defecates in the cell, they must be moved immediately and the cell cleaned; if a prisoner is considered "high-risk” a second guard must be called in to monitor that person one-on-one; if a person has a blood alcohol level of over 350 mg per cent, the ambulance must be called; the RCMP watch commander must go to cells and note the condition of all prisoners; any time the ambulance attends, it must be noted in the emergency medical services log book; and guards must note if they do a physical check or a monitor check of the prisoners.

But as lawyer Lee Kirkpatrick pointed out this morning, these are long-standing policies, which were not being followed at the time Silverfox died.

The corner's inquest into Silverfox's death is scheduled to continue until Friday. The two-woman, four-man jury will then be asked to determine how Silverfox died and will be invited to make recommendations on how such a death may be prevented in the future.

Their recommendations are non-binding and they are not supposed to find fault as in a trial.

Comments (4)

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Naomi on Apr 23, 2010 at 6:54 am

I think the point is that Raymond was a human being, and as such, he has rights. He was treated as less then human, and it sounds like you were as well, Whitey. This isn't just a race issue, it's a human rights issue.

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Whitey on Apr 23, 2010 at 4:37 am

I am very sorry about your loss, and my prayers go out to you and the family and friends, BUT First nations are treated just as the Whites are as well, I know this as I ahve been in that drunk tank before, and as a woman they would not even give me a dam tampon, or a cloth for my bleeding nose. I was not even able to wash my face before I was let out! My Brother has also been in that drunk tank and he had Pneumonia, which he died from 4 days after his release, Did he get medical attention while in there? NO So please do not play the race card, a Drunk is treated the same as all drunks! And if the First Nations think they are being treated wrong due to their race, maybe they should encourage the children to become police officers, so they can help deal with those drunks who are First nation. Cause even if I am a Woman and White I dont get any special treatment in the drunk tank!

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Donald McKenzie on Apr 22, 2010 at 2:11 pm

Ms. Silverfox:

While I express my condolances for the loss you and your family have experienced, I have difficulty in accepting that your brother, at the age of 43 years, was of an, "Early Innocent Age".

I'm 44. My early innocent age, is a thing of the distant past.

Your brother was by legal definition, a man. As a man, he is responsible, if to no one else, himself. This was not his first, or even second go-around, with drinking, and the drunk tank.

I agree that your brother should have had medical attention. I agree that what happened to him is deplorable. I just cannot agree with people trying to remove ALL responsibilty for the death of your brother, out of your brother's hands.

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Janis Silverfox on Apr 21, 2010 at 3:17 pm

My Brother Raymond is not here right now because the System failed HIM!! But he still has a voice through his Daughter Dee, Family and Friends. We are behind our Brother and it was unfair that he was taken away from us at an Early Innocent Age. "As for First Nations People that are taken into custody why is it that we seem to be treated differently... WE deserve the same Rights and Attention as everyone else".. Once a person requests Medical attention shouldn't he not be allowed to have it? Plus I disagree with the Guard Heather Balfour quoting her statement "Even if it had been my own children, I wouldn't have done anything different,” Balfour said. As for myself, I am not a Parent, but it is only common sense that you take a person for Medical help after vomiting 5 times...and no help ...and to be watched 23 MORE times .. and to be kept in custody for 16 long hours later, AND YOU call yourself a MOTHER!!! We know who my Brother is and he is not a BAD person or wherever the System labelled him as, he is not that person, Raymond was a Kindhearted, Loving, Caring and Beautiful Human Being and had LOVE FOR EVERYONE.. AND EVERYONE LOVES RAYMOND..Love your sister Janis FOREVER...

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