Debra Chrisjohn died in 2016 after her arrest by the London police.
APTN News: A police officer’s bid to quash his conviction in the death of an Oneida mother in 2016 has come to an end.
On Thursday, the Supreme Court of Canada dismissed a request for leave to appeal from Const. Nicolas Doering of the London, Ont., police service.
Doering will now serve an 18-month conditional sentence [house arrest] for the custody death of Debra Chrisjohn, a mother of 11, from the Oneida Nation.
For the family, the eight-year ordeal is now over.
“We are very pleased with the Supreme Court decision to dismiss the appeal without a hearing,” said the family in a statement. “It has been such a long process already with so many ups and downs that it’s been difficult to know what to expect.
“There has been – and continues to be – too much avoidance of any type of responsibility for the deaths of Indigenous people in police custody.”
Chrisjohn’s arrest in 2016
On Sept. 7, 2016, Chrisjohn, 39, was arrested by Doering after she was found obstructing traffic. According to court records, Chrisjohn was high on methamphetamine.
Doering found the OPP had a warrant for her arrest and organized a transfer to their jurisdiction. But, between the time she was arrested and handed over, her health deteriorated, according to information provided at his trial.
Chrisjohn eventually slumped over in the back seat in Doering’s cruiser.
At the Sept. 21, 2020 sentencing hearing, Justice Renee Pomerance noted that when Doering could no longer see Chrisjohn, he pulled over to ensure she was still in handcuffs – not that she was OK.
When Doering transferred her to the OPP, he told officers that Chrisjohn had been seen by paramedics prior to the handover.
“Those statements were false,” Pomerance said. “She had not been examined by any medical professionals.”
Chrisjohn died of cardiac arrest due to a drug overdose after being transferred to hospital.
Doering was convicted of criminal negligence causing death and sentenced to one year in jail. A charge of failing to provide the necessaries of life was stayed.
But Doering took his case to the Ontario Court of Appeal, where the judges agreed the criminal negligence conviction was wrong and threw it out. But the court supported the charge of failing to provide the necessaries of life and sent the case back to Pomerance to sentence Doering again. She handed him 18 months of house arrest.
Doering asked the Supreme Court to examine the case and the answer was no. As is common with the high court, the justices did not give a reason.
“The finality of the Supreme Court’s dismissal is welcomed,” said Caitlyn Kasper, a lawyer with Aboriginal Legal Services Toronto who has been representing the family. “This criminal matter is far past its expiry date and Nicholas Doering has exhausted his appeals.
“As far as Canada’s highest court is concerned, there’s no further questions to be asked about his role in the death of Debra Chrisjohn. He is guilty, he has been convicted and he has been sentenced.”
Upcoming inquest
In Ontario, it is mandatory for the coroner to hold an inquest whenever a person dies in custody. In the Chrisjohn case, no date has yet been set.
Kasper said the appeals have been going on for years and is probably already on the radar of the coroner’s office.
“The family can now look toward the future, and the coroner’s inquest which will be called to more fully answer questions about the circumstances surrounding Debra’s death and to explore ways of ensuring the safety of Indigenous women moving forward when interacting with police.”
APTN News reached out to London police about the case and whether Doering, who has been working in an administrative position since his conviction, will be fired. We were told that the question had been sent to the appropriate office.
Kasper said that Doering has been working in an administrative role since his conviction. She added that the London police have never reached out to the Chrisjohn family to talk about her death.
The end of Doering’s case comes at a time of heightened tension between police and Indigenous people. There have been nine police-involved deaths of First Nations people since Aug. 29.
“That this conviction of Nicholas Doering still stands,” said the Chrisjohn family, “sends a firm message to police services everywhere that their failure to respect and provide for the necessaries of Indigenous life will not be accepted. Not now, not ever.”