Saint John police officers did not commit any criminal offences in connection with the death of a man in police custody.
However, an independent investigation into the man’s death found “issues” with his arrest and detention.
The Serious Incident Response Team released the findings of its investigation on Friday.
Officers detained a 48-year-old man under the Intoxicated Persons Detention Act on Dec. 14, 2023.
While being held in the cells, he went into medical distress and was pronounced dead at the scene.
The Medical Examiner determined the cause of death was accidental due to ethanol and diazepam toxicity.
“This was a difficult and unfortunate set of circumstances,” SiRT Director Erin Nauss wrote in her report.
Nauss did make note that it did not appear the man was advised that he was under arrest, nor was he read his Charter rights or provided the police caution as required by law.
The report also found that care was not taken to search the man when he was taken into custody. Officers found alcohol on him when arriving at the police station and a lighter after he had been in the cells.
In addition, the report said it does not appear police policy was followed to try and rouse the man when he appeared to be sleeping to ensure he was not unconscious, though witnesses said they heard him snoring.
Policy was followed regarding 15-minute cell checks, the report said, but one check was performed six minutes later than it was supposed.
SiRT said that delay was “reasonable” as the Commissionaire assigned to work in the cells was assisting the station supervisor with a young person in the cells who had tried to harm themselves.
“Despite the tragic death … I cannot find there was a substantial and marked departure from what a reasonable person would do in the circumstances,” said the report.
“Further I cannot find that the actions or omission of actions showed a wanton or reckless disregard for the life and safety of the [man].”
