Judge says 2011 Edmonton prison killing remains 'suspect,' recommends public inquiry

After much than a decade, 2 constabulary investigations and respective probes of unit behaviour astatine Edmonton's maximum information prison, a judge says it's inactive unclear precisely what led to Mason Tex Montgrand's decease successful custody.

In yet different look astatine the lawsuit done a fatality inquiry, Justice Donna Groves is recommending a broader nationalist inquiry, concluding the circumstances of the sidesplitting connected Aug. 16, 2011, "remain suspect."

"I find that the circumstances surrounding the decease of Montgrand is simply a substance of nationalist concern," the justice wrote successful her last report, released this month.

Groves noted determination was important accusation that was withheld from her inquiry, making it hard to contented "any meaningful recommendations" aimed astatine preventing akin deaths.

Without a afloat representation of the situation, "Circumstances similar those surrounding the decease of Montgrand would necessitate an enquiry that goes beyond the constricted and restricted scope of a fatality inquiry," she said.

That includes the anticipation of an investigation to afloat explicate wherefore the Alberta Crown Prosecution Service (ACPS) chose not to laic charges that the Edmonton Police Service wanted to pursue.

Montgrand was 21 erstwhile helium was fatally stabbed astatine the Edmonton Institution connected Aug. 18, 2011.

No 1 has ever been held criminally liable successful his death.

Another inmate, Lance Regan, was charged with first-degree execution a fewer days aft the killing.

By 2016 — 5 years aft helium was charged — Regan inactive hadn't gone to trial. The lawsuit became the archetypal execution complaint successful Alberta to beryllium stayed nether the Supreme Court's Jordan decision, which sets a 30-month ceiling for the play betwixt laying charges and the commencement of a superior tribunal trial.

The Court of Appeal of Alberta overturned the stay, ordering a caller proceedings successful aboriginal 2018. But successful October of that year, the Crown softly stayed the execution complaint against Regan again, efficaciously dropping the case.

Judge questions conclusions of CSC investigation

The fatality inquiry, held astir 14 years aft Montgrand's death, heard that helium and Regan were members of rival gangs. Correctional Service of Canada (CSC) unit were advised respective months earlier Montgrand's decease that the groups were "at war" with each other.

Groves's study says connected the time of the killing, 2 correctional unit members decided Regan and Montgrand, who were being held successful cells straight adjacent to each other, could beryllium fto retired astatine the aforesaid clip to shower. 

Video surveillance caught Regan going into Montgrand's compartment and attacking him erstwhile helium returned. A limb was ne'er recovered.

Fatality inquiries are prohibited from making findings of ineligible responsibility, which Groves stresses successful her introspection of the case.

But she raises concerns astir however national situation authorities handled the incident.

Her study says an Edmonton Institution correctional serviceman claimed Regan and Montgrand had made aggregate erstwhile requests to beryllium allowed retired together. But determination was nary written documentation showing that happened, isolated from statements written by 2 different officers, 2 days aft the stabbing.

An interior CSC committee of probe determined successful 2011 that Montgrand and Regan's pack affiliations didn't lend to the incident, saying they had a "lengthy idiosyncratic history" due to the fact that they grew up successful the aforesaid area, and had asked to beryllium retired of their cells together.

But Groves said the deficiency of immoderate grounds of those requests from earlier Montgrand's decease "should person sounded an alarm to the board."

Additionally, she said it's since been proven that the brace did not turn up together.

"I americium uncertain wherever the committee acquired this inaccurate information."

Police analyse alleged 'fight club'

After the archetypal homicide probe successful 2011, constabulary reviewed Montgrand's decease a 2nd clip successful 2017.

It was portion of a monolithic probe EPS called "Project Max," prompted by the erstwhile caput of the CSC reporting alleged transgression offences astatine the Edmonton Institution.

Among the allegations was a "fight club" wrong the situation wherever guards directed oregon allowed inmates to battle each other. An EPS researcher was tasked with examining whether 1 oregon much correctional officers orchestrated Montgrand's homicide by purposely letting him retired of his compartment with an "incompatible" inmate, the study said.

The fatality enquiry heard that successful April 2018, EPS recommended that a correctional manager and 2 correctional officers be charged with execution and transgression negligence causing decease successful narration to Montgrand's case.

The correctional manager inactive works for CSC astatine different institution, according to Groves's report. The 2 officers are nary longer employed with CSC.

The Crown declined to prosecute the charges — a determination EPS challenged twice, asking the enforcement manager of specialized prosecutions for a review, past escalating it again to the province's ACPS part adjunct lawman minister.

"In our view, the grounds meets the threshold of a 'reasonable likelihood of conviction' and the nationalist involvement intelligibly favours the prosecution of charges for this incident," then-interim EPS main Kevin Brezinski wrote to the authorities official.

But each time, the determination was not to prosecute, citing insufficient grounds for a conviction.

Regan was aboriginal among 5 Edmonton Institution inmates who sued situation guards, the warden and the national government, alleging abuse.

The suit was settled retired of court, but colony details aren't known owed to a non-disclosure agreement.

CSC, state reviewing enquiry recommendations

Another CSC disciplinary probe looked into allegations of superior misconduct by immoderate of the unit astatine the Edmonton Institution from 2014 to 2017.

In the last report, correctional officers who were interviewed spoke astir knowing of a "fight club" that progressive "allowing 2 rival pack members retired to fight."

But the documents disclosed to the fatality enquiry were "so heavy redacted arsenic to beryllium of constricted assistance," Groves wrote.

The justice besides didn't person entree to each the disclosure related to the EPS "Project Max" investigation, which she said shouldn't be separated from the circumstantial constabulary reappraisal of Montgrand's death.

In summation to the telephone for a nationalist inquiry, Groves concludes her study with a proposal for a CSC argumentation directive "mandating that each CSC employees person a work to study immoderate unit behaviour they are alert of, that contravenes argumentation directives, erstwhile specified behaviour could origin harm to an inmate oregon different CSC staff."

The work is reviewing the fatality enquiry findings, according to a CSC spokesperson.

Policies and grooming initiatives person been specifically updated for information and information astatine the Edmonton Institution successful the 14 years since Montgrand's death, the spokesperson said in a statement.

There's besides present a confidential extremity enactment for CSC employees to study concerns astir misconduct, the spokesperson said.

Heather Jenkins, the property caput for Alberta Justice Minister Mickey Amery, said the province is considering the proposal for a nationalist inquiry, but nary decisions person been made.

The authorities and CSC person until July 7 to taxable an authoritative effect to Groves's recommendations.