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Black Action Defense Committee Granted Standing in the Inquest Into the Death of Negus Topey
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Toronto, May 03, 2005 - The Black Action Defense Committee was today granted standing in the Inquest into the Death of Negus Topey. In seeking standing BADC argued in its written submissions that "23. In the Inquest into the Death of Negus Topey 'the potentially significant issues of systemic racism' must be explored. By its nature, systemic discrimination tends to operate through systems as a result of deep-rooted stereotypical assumptions which are inconsistent with the true circumstances of the individual. A Black male, who is physically ill, showing the symptoms of physical distress, is summarily dismissed by a doctor as having psychological problems and in need of a psychological assessment even in view of evidence that the patient has an illness that needs urgent attention and failure to attend to same may result in his death. Similarly, systemic racism is a factor in the actions and/or omissions of police and correctional officials when serving Black individuals in custody, particularly Mr. Topey in the circumstances that led to his death.
Systemic racism is a factor that should be examined with regard to the manner in which the police, the correctional facility, the doctors and the hospitals treated Mr. Topey. Systemic racism refers to invisible barriers that shape the way in which inequitable treatment and care is manifested."
In granting standing, the Coroner, Dr. Karen Acheson, ruled that "having due regard to the scope of the inquest based on the investigation that was made I am persuaded that a reasonable person may conclude that systemic factors may be at play in some part of the management of Mr. Topey care." She found that BADC has "a unique expertise" and thhat the "potential issue of systemic racism"
requires exploration. Also granted standing was the Toronto Police Service; Ministry of Community Safety and Correctional Services; Maplehurst Correctional Centre; several doctors that treated Mr. Topey; Halton Hospital, Oakville Trafalgar Regional Hospital, and McMaster Health Sceinces Centre.
Mr. Topey, 20, an African Canadian male, died on August 9, 2004, at McMaster University Medical Centre after being transferred from the Maplehurst Correctional Complex in Milton. He was arrested by the Toronto Police Service in July 2004. Under the Coroners Act, an inquest is mandatory when a person dies while in custody. The inquest is expected to last three to four weeks and will hear from approximately 25 witnesses.
BADC is a non-profit corporation whose primary purpose is to work towards a fair and just criminal justice system in the Province of Ontario and throughout Canada. It is particularly committed to the elimination of racism within the Toronto Police Service and correctional institutions in Ontario. BADC membership is comprised of individuals who have expertise and experience in this area.
The hearing continues as follows:
Date: Tuesday, May 3, 2005 and continuing for three weeks
Time: 9:30 AM
Place: Ramada Inn, 155 Chisholm Street, Milton.
Coroner: Dr. K. J. Acheson, Regional Coroner for Central West Ontario The Inquest will run from 9:30 a.m. to 4:30 pm
BADC will be represented by Selwyn Pieters a Toronto Lawyer.
Counsel for the other parties with standing are:
Mr. George Cowley, Counsel for Toronto Police Service
Ms. Rita Maxwell, Counsel for the Doctors
Ms. Rebecca Durcan, Counsel for the Hopsitals
Ms. Lynette D’Sousa and Mr. William Manuel, Counsel for the MCSCS, Maplehurst Correctional Centre
Ms. Kike Roach, Counsel for the family
For More Information Contact :
Dudley Laws
416-656-2232
Selwyn Pieters, Lawyer
416-921-9356
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