Whitehorse Daily Star

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PURSUING LEGAL ACTION – Deanna Charlie, the daughter of the late Raymond Silverfox, is seen outside the Andrew A. Philipsen Law Centre during last month's inquest into her father's death.

Man's death was preventable, daughter says

Eight RCMP members, three Commissionaires guards and the Government of Canada are being sued by the daughter of the late Raymond Silverfox.

By Justine Davidson on May 12, 2010

Eight RCMP members, three Commissionaires guards and the Government of Canada are being sued by the daughter of the late Raymond Silverfox.

Deanna Charlie claims, in a statement filed in Yukon Supreme Court on Tuesday afternoon, that her father's death on Dec. 2, 2008 was the result of the officers' and guards' "intentionally negligent, grossly negligent, deliberate indifferent, reckless and bad faith conduct.”

The 43-year-old Little Salmon-Carmacks First Nation man had been arrested early that Tuesday morning, after staff at the Salvation Army called the ambulance to pick him up because he kept throwing up and the staff didn't feel they could take care of him.

He told the paramedics he didn't want to go to Whitehorse General Hospital, so they called the police to take him to the so-called "drunk tank.”

"Silverfox died after being unattended for approximately thirteen and a half hours in detention in inhumane conditions,” according to Charlie's statement of claim.

At a coroner's inquest held last month, the public learned Silverfox vomited 26 times during his time in RCMP custody.

He was left to lie on the floor of a filthy cell, in soiled clothes, and wasn't given any medical attention until an officer noticed he wasn't moving.

According to expert witness testimony from pathologist Dr. Charles Lee, Silverfox died in his cell, although he was not officially pronounced dead until after he was taken to hospital.

"Silverfox was left unattended in the cell despite the fact that he was violently ill throughout the time of detention and medical assistance was neither considered nor obtained in a timely fashion by the RCMP members and guards,” Charlie's statement reads.

"Silverfox's death would have been prevented with timely medical intervention.”

According to Lee, Silverfox died of a fast-acting blood infection, which began in his lungs and was likely caused by inhaling vomit. The doctor said the infection likely developed in a matter of hours.

"The RCMP members and guards made jokes, mocked and verbally abused Silverfox in a grossly shocking and disrespectful manner while he was detained in an uninhabitable cell and in inhumane conditions,” Charlie claims.

Audio surveillance taken from the cell block recorded officers remarking on the condition of Silverfox's cell, laughing, and complaining about having to clean up after the man.

"The RCMP members and guards had a duty of care to Silverfox while he was in detention and breached that duty of care through intentionally negligent, grossly negligent, deliberate indifferent, reckless and bad faith conduct,” the claim reads.

"The defendant owed a duty of care to Silverfox to keep him safe and protect his well-being in detention, but they breached that duty of care.”

Charlie has named eight officers: Daniel Bulford and Len Vanmark, the constables who arrested Silverfox and did not take a blood-alcohol reading, as per RCMP policy; Dennis Connelly and Jeffery Kalles, the provost officers working in the cell block; Geoff Corbett, Heather Kaytor and Shirley Telep, three officers who came through the cells that day and commented on Silverfox's condition; and Calista MacLeod, the watch commander.

Also named are the three Commissionaires guards posted at the cells that day: Hector and Craig McLellan and Heather Balfour.

Charlie's lawyer, Susan Roothman, said other members of the family will soon be filing similar Yukon Supreme Court claims.

Comments (15)

Up 0 Down 1

Sarah on May 18, 2010 at 8:59 am

It sucks to see the family suffering through this but you also need to think that if someone is refusing help you can't force them all the way to the hospital and than have this whole story go against the cops about having to force the man to go to the Hospital when he was requesting not to.

It's sad to read what the guards said about this man, which I don't think is right, but I think after a certain level of drinking you should know well enough that you should stop, and this could have all been preventable if he had people around him telling him to stop.

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Thomas Brewer on May 17, 2010 at 8:39 am

Of course his death was preventable.... he could have, at any time, stopped binge drinking.

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VanCity Girl on May 17, 2010 at 6:03 am

Regardless if the man was drunk or not even if he did refuse Medical attention seeing the condition he was in and vomiting as much as he did Common sense would have been to call the Ambulance...You ppl need a Life...seriously ?? If that would have been me as an officer and seeing that man in the condition he was in would have turned the light on in my head to seek medical attention right away. I'm sorry but they should be ashamed and the rest of you should be ashamed for even stating " He turned down medical attention " The man was severley intoxicated ! UNBELIEVABLE ! That you would even say such thing.. Question is...WOULD you of IGNORED this man ??

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Vanessa on May 17, 2010 at 3:59 am

I have been following this story for awhile now and have seen some disturbing comments. The fact of the matter was this was PREVENTABLE. The stereotypical attitude that was displayed and is still being displayed (certain comments) disgusts me. We all make mistakes but does this mean that we should pay with our life? I cannot express my sheer amazement at the sickening comments made by people who choose to stay annoymous. Sure it would be easy for me to sit at my computer all day and make judgefull random comments that I know nothing about. We are all human...or so I would like to think but, with this hair brained mentality displayed over and over brings me to think otherwise. Unfortunatenly life happens and we can choose to embrace it and learn from our mistakes with an honest effort to change what could be changed. My heart goes out to the Silverfox famiy and to those of you who choose to live behind a wall and continously ridicule and poke the passersby...see it's called compassion and I have extended it to you.

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shenya on May 14, 2010 at 8:52 am

It is also a big shame we as human can make comments to be so critical and harsh to another human. Choices can be yours but addictions are very powerful. That does not give the people in charge to treat another inhuman. I do know also there are different pheumonia that can take one's life within 24 hrs. The RCMP should train to know these types of syntoms. Be HUMAN please. For the people making comments in a racial manner, then I beleive you need to take a better look at who you are. You may receive help from me one day. I will not treat you as Ray was treated. Some years ago a person was found to have hung himself in a cell. Why was he not monitored through the camera or whatever is used or was he just ignored to delete yet another. I'm sorry Shirley. I always saw you as empathetic and understanding. Now I know I'm wrong.

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Yukon lady on May 14, 2010 at 6:38 am

Hey, you all racism ppl out there. If you can't have nothing good to say, about this nice man. Then don't make comments at all. STOP Now! I pray for all of you. Let this man rest,cause he can't fight for himself.

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jk on May 14, 2010 at 6:16 am

some people are just born cold hearted.they just dont give a Rats until it happends to someone they care about..I'll pray for you!

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D G on May 13, 2010 at 1:05 pm

Soldier piper and highlander have it right.

This thing is messed up from the beginning silverfox screwed up he didn't accept initial medical attention and he paid for it with his life.

Sorry I will NEVER feel sorry for what happened to this man.

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community member on May 13, 2010 at 7:07 am

Even a first Nation RCMP!!

OMG What a shame. I would be sooo

embarrassed.

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Highlander on May 13, 2010 at 3:16 am

Let me get this straight - this man gets intoxicated to the point of an ambulance being called, he then REFUSES to go to the hospital and gets taken to the drunk tank to sleep it off.

These RCMP officers are being smeared for not sympathizing or being more concerned for the man that the ambulance drivers JUST released to their custody because he was presenting well enough to make his own choices. Interesting fact that received very little attention.

The focus has been on the fact his pants were soiled and he vomited on the floor - not on the fact he was given the opportunity to receive treatment and denied it. Perhaps the RCMP should have left him to roam the streets - truth be told, we heard the audio tapes, and they are not the most loving babysitters around. The RCMP will take the lumps, careers will be tarnished and the tax payers will back the cheque.



In light of the recent headlines, everyone needs to ask themselves one thing : How much money is enough to feel that justice has been served for the man who was sober enough to refused hospital treatment?

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john jack on May 13, 2010 at 2:16 am

A full time nuse at the station would be a good idea!!!!

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bob vibert on May 12, 2010 at 10:13 pm

Good Luck on the lawsuit. That is the only language for change that governments understand. Just hope the lawyers dont end up getting a pile of $.

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soldierpiper on May 12, 2010 at 8:55 pm

No one told that man to drink until he became so gravely ill.I would not be surprised if the police & jail guards counter sued ,after all if one wants to play russian roulete with booze things can & do happen.I don,t blame the cops for his death it,s the booze that did that.

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J Roland on May 12, 2010 at 11:59 am

I give credit to the RCMP for making a statement as powerful as they did. It is refreshing to see the senior people do that. My confidence is shaken, but the actions by the police are helpful to me.

I hope that the civil suit goes quickly and the family gets closure to what must be a very difficult time.

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Bonnie on May 12, 2010 at 9:03 am

Shame on all of their ignorant attitudes and actions, but I am actually most ashamed of Shirley Telep. Being a family friend, ashamed to know her.

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