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Coroner to hold inquest into in-custody death
Family of woman arrested at hospital wants public inquiry

Kassina Ryder
Northern News Services
Published Monday, October 12, 2009

IQALUIT - A coroner's inquest into the death of an Iqaluit woman who died soon after being in police custody this summer won't take place until February 2010 at the earliest, according to Nunavut coroner Tim Neily.

NNSL photo/graphic

Fifty-two-year-old Elisapee Michael fell down the stairs of the Nova Inn on Aug. 9, and was later arrested at the hospital while seeking treatment for a head injury. She died in an Ottawa hospital five days later. -

Fifty-two-year-old Elisapee Michael died in an Ottawa hospital on Aug. 14 from injuries she incurred falling down the stairs of Iqaluit's Nova Inn on Aug. 9. Michael, who was intoxicated, was taken to the Qikiqtani General Hospital where she was arrested for causing a disturbance, according to RCMP. Hospital staff requested that Michael be returned to the hospital when she was sober.

She was then taken to the Iqaluit RCMP detachment. The next day when she was sober, RCMP called the Qikiqtani General Hospital to bring Michael back, but they were told there was no room at the hospital at that time, RCMP said.

Later that day, RCMP officers noticed she was in distress and called an ambulance. She was taken back to the hospital and was medevaced to Ottawa where she died five days later.

Neily said the role of a coroner's inquest is not to determine who is at fault.

"It is most definitely not in the area of an inquest to assign any blame or fault or liability in the death. That is one area we must stay clear from," he said.

Neily said an inquest results in recommendations being made to the individuals and organizations involved, but it is not mandatory that they be followed.

"They're written in the hope that if they are implemented, it will prevent a similar death in the future, but those recommendations aren't legally binding," he said.

Michael's family's lawyer Scott Wheildon said the family welcomes a coroner's inquest, but said it is not sufficient. The family is calling for a public inquiry into the incident. It is still unclear whether Michael was seen by a doctor prior to her arrest, according to a letter Wheildon wrote to premier Eva Aariak on Oct. 2.

"We want answers to these questions," Wheildon said. "We think they're public questions of public importance and confidence has been eroded in these public institutions as a result of this matter. We want answers and a public inquiry can get to the bottom of that."

Wheildon said a public inquiry would determine which individuals or organizations, if any, are responsible for Michael's death.

"A public inquiry has greater scope and can assign responsibility. A coroner's inquest cannot assign responsibility for the death," he said. "In order for closure for the family and the public, we believe responsibility needs to be assigned."

Wheildon wrote a letter on behalf of the Michael family to Premier Eva Aariak requesting the inquiry. He said Aariak responded and said an inquiry can't be held until the coroner and the RCMP have completed their investigations.

"The premier has indicated that they are not calling a public inquiry at this time however, they haven't pulled it off the table," he said. "We're going to continue to press the premier to make this decision and we're hopeful that we'll be able to garner public support into this matter."

In response to a request from Nunavut News/North at the time of the incident, the Department of Health and Social Services said it could not discuss the case, but said it would co-operate with an investigation.

"We are not able to discuss individual cases, however we understand the RCMP is investigating this incident and, if asked, the Department of Health and Social Services will co-operate fully on this investigation," Raj Downe, acting deputy minister of the Department of Health and Social Services said in an e-mail on Aug. 21.

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