Police in Truro, N.S. say there will be no criminal charges laid in connection with the death of Victoria Rose Paul.
The 44-year-old Indian Brook woman died in hospital after suffering a stroke while in police custody.
Paul had been out celebrating her son’s birthday when she was arrested outside of a Truro bar for public intoxication on Aug. 28, 2009.
She suffered a stroke in the Truro police lockup and was left for more than five hours, lying in her own urine, before an ambulance was called.
Paul was taken to the Queen Elizabeth II Health Sciences Centre in Halifax the next day and died in hospital on Sept. 5. 2009.
The review by the Public Prosecution Service was the third investigation into Paul’s arrest, detention and death.
A review ordered by Justice Minister Ross Landry found that police did not properly monitor Paul's health while she was in custody.
The review said Paul wasn't medically assessed or taken to hospital until 10 hours after she was put in jail.
The Halifax Regional Police also investigated the case, but neither review fully addressed whether there was enough evidence to lay criminal charges.
In February, following a discussion with the Nova Scotia Justice Department, the Truro Police Service referred the case to the Public Prosecution Service to determine whether criminal charges were warranted.
However, the review has found the medical evidence in the case does not support criminal charges.
“There was medical evidence to suggest that there was not a criminal offence and, as well, the test for criminal charges just was not there,” says Truro Police Chief David MacNeil.
Mi’kmaq community disappointed in findings
The Nova Scotia Native Women’s Association and members of the Mi’kmaq community say they are disappointed, but not surprised by the findings of the review.
“On behalf of the chief and council, the band is disappointed with the response that has come out for the decision,” says Nathan Sack, director of operations for the Indian Brook First Nation.
“It’s just frustrated us. It felt like everything we’ve been pursuing to try to get to the truth that now it feels like we’re right back to square one when we first wanted the report to find out what happened with Victoria,” says Cheryl Maloney, president of the Nova Scotia Native Women’s Association.
Maloney says both the organization and Paul’s family have specifically requested a criminal investigation for criminal negligence causing death and failure to provide the necessities of life in the case.
She alleges Sgt. Henderson, the police officer involved in the case, failed to assess Paul’s condition, thereby failing to provide her with medical attention in a timely manner.
“We are disappointed that despite the findings, Sergeant Henderson is still working in a professional capacity and not facing any sort of criminal or professional reprimands for his failings,” said Maloney.
MacNeil says he realizes it has been a difficult journey for Paul’s family, and points out it has been difficult for the Truro Police Service too.
“The matters have been looked at three times by professional, credible agencies and the results speak for themselves and the evidence speaks for itself in the case,” he says.
But Maloney says she and Paul’s family have lost faith in the justice system, particularly when it comes to Aboriginal Peoples.
“They know this isn’t just particular to Victoria Paul. There’s problems with justice for aboriginal women all over this country.”
With files from CTV Atlantic's Jacqueline Foster
