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File on baby death in prosecutor's hands

Decision on possible charges up to federal officials

John Barker
Northern News Services

Holman (Sep 16/02) - A police investigation into the death of a baby last March is now in the hands of federal prosecutors.

Seven-week-old Joretta Inuktalik froze to death outside a home in this Victoria Island hamlet March 1.

Sources close to the Inuktalik family have told News/North the baby's father had been drinking at a party that night.

They said the father had the baby with him when he left the party and he was later found unconscious outside his home.

The baby was found some time later, wearing just a diaper and a sleeper.

Inuvik RCMP Staff Sgt. Bob Gray said he reviewed the report by investigating officer Cpl. Debra Morris and made his "recommendations" to her.

The file has now been forwarded to Bernadette Schmaltz, acting director of the federal prosecution service in Yellowknife.

She confirmed the information is now being reviewed, but would not say how long it might take before any decision is made.

NWT chief coroner Percy Kinney, however, said he understands police are "considering" criminal charges.

His investigation into the death is on hold pending outcome of the police probe.

Kinney said he "will be writing a coroner's report" on Inuktalik's death, but can not do so until after the police tell him officially if charges are going to be laid.

If charges are laid, Kinney said, he will not write and release his report until the conclusion of any criminal proceedings, including appeals.

"My definition of homicide and the criminal definition of homicide are not necessarily the same," Kinney said.

Coroners in Canadian jurisdictions use the simple Oxford Dictionary definition of homicide, which "is the action of one human being killing another human being."

Under this definition, no fault or blame is attributed to a particular person.

In fact, Canadian coroners and coroner's juries are prohibited by law from making any findings of legal responsibility or expressing "any conclusions of law."

In the NWT, the chief coroner can only convene an inquest earlier into a death where it appears to him charges are "likely" with the consent of the territorial justice minister.

Otherwise, he must wait until the conclusion of criminal proceedings.

An autopsy concluded Inuktalik died of exposure.

The temperature on the day Inuktalik's body was found reached a high of -17.4 C with a windchill of -33.6.

At that temperature and wind chill, frostbite occurs on exposed skin in 10 to 15 minutes, said an Environment Canada spokesperson.

- with a file from Lynn Lau