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He died last month in Edmonton Remand Centre custody. Finding out why could take years

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Margaret McLennan answered her phone last month to a caller saying there was something serious that police needed to tell her in person.

That evening, Oct. 12, an RCMP officer and victim services workers came to her rural Alberta home and told her that her 29-year-old grandson, Marcus West, was dead.

“[He was] in custody, and he died from withdrawal, that’s what they told me,” McLennan said from her home in Janvier, a hamlet 100 kilometres south of Fort McMurray.

“I want to know, at least, how he died. Don’t just say withdrawal.

“There was all kinds of guards and cameras. He could have got help, right?”

West is one of three people who died in Edmonton Remand Centre custody in October.

A spokesperson for Recovery Alberta, the provincial health authority now managing correctional health services, said in a statement Friday that EMS responded to three medical emergencies at the ERC in October where patients were declared dead in hospital.

No official causes of death have been released, with patient confidentiality preventing that disclosure, according to Recovery Alberta.

The families of those who died now face a long road to find out what happened to their loved ones inside Canada’s largest provincial correctional centre.

“We have a real privilege in the community that we get answers pretty much right away if one of our loved ones dies — we get to talk to the doctors, we get paperwork, maybe supports through therapy,” said Lindsay Jennings, a research associate with the Tracking (In)Justice project, which has compiled a national database of police-involved and in-custody deaths.

“These families that just wait for inquests or inquiries to happen, hearing about more deaths at the institution, it’s just constant trauma all over again.”

The Edmonton Remand Centre, which opened in 2013, is the largest provincial correctional facility in Canada, with space for nearly 2,000 inmates in pretrial detention.

The Edmonton Remand Centre, which opened in 2013, is the largest provincial correctional facility in Canada, with space for nearly 2,000 inmates in pretrial detention.

The Edmonton Remand Centre, which opened in 2013, is the largest provincial correctional facility in Canada, with space for nearly 2,000 inmates in pretrial detention. (Rick Bremness/CBC)

Court documents show West was arrested in Edmonton on Oct. 9 and sent to remand, where people are held prior to a trial, or possible release on bail.

When the Oct. 16 date for his bail hearing arrived, West was listed on the Edmonton Remand Centre call list.

But he didn’t appear, and his charges were withdrawn due to his death.

McLennan said someone from the remand centre later called her to ask about returning her grandson’s belongings — some clothes and $20 in cash. She told them she didn’t want any of it.

To date this year, four Edmonton Remand Centre inmates have died, a spokesperson for Alberta’s Ministry of Public Safety and Emergency Services told CBC.

Three of the deaths occurred between Oct. 1 and Oct. 24. The spokesperson did not provide more specific dates.

Police aren’t necessarily notified about every in-custody death, if there’s a clear medical explanation.

A spokesperson for the Edmonton Police Service said the force is aware of only two recent deaths at the remand centre — one on Oct. 12,  another on Oct. 23.

Both have been deemed non-criminal, according to EPS.

How Alberta reviews in-custody deaths

The protocol for reporting and investigating deaths in provincial jails varies across the country. But Jennings, who is based in Mississauga, Ont., said it’s not uncommon for families to be left in the dark for years about how a loved one died.

In Alberta, a board of inquiry is convened for an internal review of a death in provincial corrections. A public fatality inquiry is also usually required to examine what happened. The presiding judge may issue recommendations on preventing similar deaths in the future.

But that process takes years to complete. As of the end of October, seven confirmed Edmonton Remand Centre deaths are on the fatality inquiry list. The oldest case is from 2017. It’s now in the hands of the judge, who is writing the final report.

Deaths in Alberta’s provincial correctional facilities aren’t routinely disclosed to the public at the time they happen.

But if someone dies in police custody — inside a police holding cell, for example — the death is typically reported within a short time, with the launch of an investigation by the Alberta Serious Incident Response Team.

Edmonton defence lawyer Graham Johnson says he's concerned about the lack of information about how his client died in custody.Edmonton defence lawyer Graham Johnson says he's concerned about the lack of information about how his client died in custody.

Edmonton defence lawyer Graham Johnson says he’s concerned about the lack of information about how his client died in custody.

Edmonton defence lawyer Graham Johnson says he’s concerned about the lack of information about how his client died in custody. (Trevor Wilson/CBC)

Edmonton defence lawyer Graham Johnson, who represented West in various court matters over the last decade, said he’s troubled by the lack of details about what happened to his client.

Beyond confirmation of West’s death, and an acknowledgement from a corrections official that deaths in provincial custody are subject to investigation and a fatality inquiry, Johnson hasn’t been able to find out more.

“At the very least, I think we expected sort of: ‘Here’s what we know, and we’ll keep you posted as the investigation continues,'” he said. “And instead there’s been this deafening silence.”

West was in and out of custody throughout his adult life, but Johnson said he’d been released under conditions in the summer, and he last saw him on Oct. 8.

Johnson said he could tell his client had been living on the streets, but he didn’t seem unwell, or like he was under the influence of any substances.

When he first heard about West’s death, “I assumed it was something that happened on the streets,” Johnson said.

“He certainly had his struggles with addiction, off and on.”

The days before West’s death

West was arrested the day after Johnson last saw him. He was charged with mischief and possession of a weapon for a dangerous purpose for allegedly breaking a car window and carrying a knife.

Court records show he was wanted for failing to comply with court orders and for breaching a bail condition from his last stint in custody.

Johnson said if his client’s death was related to withdrawal symptoms, as West’s grandmother says she was told, it raises even more concerns.

“That should be raising red flags with remand, with the government, with the solicitor general: ‘Whoa, what happened here?’ … Was there some sort of failure of our systems that allowed this to happen? That can’t wait for a fatality inquiry two years from now,” he said.

“There’s countless people coming in today who are going to be experiencing drug withdrawals in remand — tomorrow, and the day after, and the day after that.”

According to Recovery Alberta, inmates’ health needs are assessed when they’re brought into custody, “including for withdrawal management.” A nurse practitioner or doctor subsequently orders medications if required.

People in correctional facilities “receive the same care as in the community, including primary, acute and emergency care, mental health and addiction support,” a statement from Recovery Alberta said.

In West’s case, there’s still much that’s unknown.

“Did he appear to be in medical distress when he arrived in remand?” Johnson said. “How did they first become aware that he was in distress? Did he make any requests to seek medical attention?”

West’s younger brother died earlier this year.

Afterward, West told his lawyer he wanted to try again to address his issues with addiction — his last release conditions were geared toward getting treatment.

When he ended up back in jail instead, it could have been an opportunity to try again to find addictions treatment or a sober living facility, Johnson said.

“When he came into custody, that’s what should have happened.”

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