First Nation man's 2012 death a homicide, Ontario inquest jury finds years after murder charge dropped

Sarah Law · CBC News

· Posted: Mar 25, 2025 5:02 PM EDT | Last Updated: 5 minutes ago

Thirteen years aft Sherman Kirby Quisses's decease successful the aftermath of an altercation with different inmate successful Thunder Bay, Ont., an inquest assemblage has determined it was a homicide.

Quisses, 35, was a subordinate of Neskantaga First Nation, a distant assemblage successful northwestern Ontario. Adam Capay, 19, was charged with first-degree murder.

But the charge was stayed aft Capay spent much than 4 years successful solitary confinement. The case drew nationalist attraction successful 2016 erstwhile Renu Mandhane, main of the Ontario Human Rights Commission, met Capay, who was being kept unsocial successful his Thunder Bay Correctional Centre compartment for 23 hours a time with the lights on.

Even though the execution complaint was fundamentally dropped, nether the Coroners Act, inquests are mandatory for anyone who dies successful custody. The 1 probing Quisses's decease was held virtually, opening on Feb. 24 and concluding on Friday.

According to his family, Quisses died days earlier helium was meant to beryllium released.

A four-person assemblage was tasked with answering respective questions: identifying who died, erstwhile and wherever they died, their aesculapian origin of death, and means of death — classified arsenic either earthy causes, accident, homicide, termination oregon undetermined.

The jurors determined Quisses died by homicide — of hypoxic-ischemic encephalopathy caused by penetrating cervix trauma — connected June 4, 2012, astatine the Thunder Bay Regional Health Sciences Centre. 

The information results from inadequate humor travel and oxygen transportation to the brain, according to the Canadian Journal of Ophthalmology.

CBC News reached retired to the household of Quisses for remark connected the result of the inquest, but did not person a effect by work time.

Recommendations connected intelligence health, taste support

Inquest juries are prohibited from making immoderate uncovering of ineligible work oregon expressing immoderate decision of law. Their relation is not to delegate oregon escaped idiosyncratic from blame, oregon to authorities oregon connote immoderate judgment.

However, they are capable to marque recommendations aimed astatine preventing akin deaths. 

All of the jury's 24 recommendations were aimed astatine Ontario's Ministry of the Solicitor General. They mostly revolve around improving conditions astatine the existing Thunder Bay Correctional Centre and adding much health-care and taste enactment astatine the caller Thunder Bay Correctional Complex.

Construction connected the 345-bed analyzable began successful November 2022. The $1.2-billion task is intended to regenerate the existing jailhouse and correctional centre, with a planned opening of 2026.

The inquest recommendations include hiring psychologists astatine the correctional centre, improving communications betwixt unit and regularly reviewing the centre's health-care unit.

The assemblage recommended a dedicated intelligence wellness portion beryllium built astatine the caller complex, and for determination to beryllium dedicated Indigenous taste abstraction for programming, ceremonies and celebrations.

There was besides a ample absorption connected expanding the fig of Native Inmate Liaison Officers (NILO) available, and making definite NILOs and elders can meet the needs of Indigenous radical successful custody.

Jurors besides made recommendations related to intelligence wellness acquisition for staff, and Indigenous-specific grooming that focuses connected culturally due and trauma-informed care.

More consultations betwixt the Ministry of the Solicitor General and political-territorial organizations that correspond First Nations — specified arsenic Nishnawbe Aski Nation (NAN) — are besides encouraged.

Security was different apical priority, seen done recommendations to prohibit radical successful custody from hanging objects from bunk beds and to make an enactment program to find inmates not contiguous during furniture checks.

While inquest recommendations are not legally binding, the Office of the Chief Coroner asks those who person received a proposal to respond wrong six months and bespeak whether the recommendations were implemented — and if not, why.

A database of each inquest verdicts and recommendations made successful Ontario is updated regularly by the provincial authorities and can beryllium recovered here.