Inquest jury returns with 38 recommendations following inmate death inside Windsor jail

WARNING: Some details in this story may be upsetting to some readers as it references suicide.

A jury tasked with making recommendations following the death of a 30-year-old inmate inside Windsor's South West Detention Centre says Ontario jails should no longer consider access to phone calls to be a privilege.

That's one of 38 recommendations handed down by jurors who heard testimony during a coroner's inquest into the 2017 death of Indigenous mother-of-four Delilah Blair.

The inquest, which started June 20 and lasted nine days, included testimony from several jail staff and Blair's mother Selina McIntyre who said the first time she learned her daughter was in jail was when she received a call to report her daughter’s death.

Evidence submitted during the inquest shows Blair had made two written requests in 2017, dated May 7 and May 16, to speak with her mother on the phone. Those calls were never placed.

Blair, who was in the SWDC women's mental health unit, hanged herself in her cell on May 21, 2017. She was declared dead in hospital at 8:58 p.m., according to the jury's conclusion submitted Thursday evening.

The jury has recommended the Ministry of the Solicitor General, which oversees jails across Ontario, update policies so an inmate's ability to make a phone call is not considered a privilege.

"The SWDC shall ensure that, where a person in custody does not have a calling card and can only make collect calls, the facilitation of requests of such calls shall be treated as a priority, including taking steps to ensure that the person in custody is able make this contact," another recommendation reads.

"The SWDC shall ensure all inmate requests by people in custody are delivered to a Sergeant, who must ensure follow-up in writing within 72 hours."

For people in custody whose requests are denied or delayed for more than 72 hours, jurors added, an explanation should be provided to the inmate — and requests sitting longer than that should be forwarded to a supervisor "who shall take steps to respond."

The jury is also calling for the construction of indirect supervision units, which the SWDC uses for female inmates while male inmates are under direct supervision, to be minimized and that needs-based housing for female inmates should be considered.

During the inquest, an SWDC corrections officer testified it was "uncommon" for officers to read through paperwork such as inmate care plans or search up inmates' historical details while under the jail's care. Multiple jail staffers also testified they were unaware Blair was Indigenous.

The jury has recommended the jail, along with the provincial ministry, ensure all correctional officers are "trained on the importance of Inmate Care Plans."

Other recommendations call for an inmate's self-declaration of Indigenous status to be mentioned on that care plan — and the improvement of conditions for Indigenous people inside the province's jails.

"Indigenous people must be able to access spiritual rights as well as programs with regularity and without unreasonable delay," the first recommendation in the list of 38 reads.

"The Ministry should revise both health and NILOILO [Native Inmate Liaison Officer/Indigenous Liaison Officer] policy to recognize cultural and spiritual support as a fundamental health care right to all," another recommendation reads.

Jurors added the provincial ministry should "engage in community consultation on the development of Indigenous core programming" inside Ontario's jails — and consider increasing NILOILO staff to "meet the needs of Indigenous people in custody."

"The Ministry should ensure that Spiritual Elders, Knowledge Keepers, and Helpers are provided honoraria or financial compensation for their important work delivering cultural programming and access to their spiritual rights," jurors also recommended.

"The SWDC/Ministry shall ensure that Correctional Officers who work on ranges designated for women shall have mandatory specialized training in gender, mental health, and Indigenous realities."

Other recommendations are centred on the physical structure of the jail itself and its potential for increasing suicide risk, such as reviewing bookshelves and seeking out bedding that is less susceptible to be torn.

- With files from CTV Windsor's Michelle Maluske