The Meekis family can now challenge the Ontario Coroner’s office for their handling of a 2014 death on Sandy Lake First Nation.
The Ontario Court of Appeal Monday partially overturned a 2019 ruling from the Thunder Bay Superior Court Justice.
Judge John Fregeau dismissed claims from the family raising serious failures by the coroner’s office, and that the investigation into the death of four-year-old Brody Meekis from strep throat was inadequate and discriminatory.
A joint statement from Brody’s parents, Fraser Meekis and Wawa Keno:
“This is an important day for us and our family. We continue to bear the grief of the loss of our son Brody, who died from the treatable illness of strep throat in 2014. The nightmare of his death was made all the worse by a system that doesn’t care and by coroners who don’t do their jobs. Our lawsuit is meant to ensure that First Nations families living on-reserve will finally get a measure of equality and accountability. Coroners should treat us like any other grieving family, but they did not. Seven years later, we still don’t have answers about Brody’s death that we could have had, if the coroner had simply done his job. We are grateful for those who have supported us, and to a Court that honoured Brody’s memory today by recognizing the failures of the Coroner’s Office. We look forward to our day in court.”
The decision allows the family to proceed with claims of misfeasance in public office against the investigating and supervising coroners.
They can also challenge a claim of breach of section 15 of the Canadian Charter of Rights and Freedoms against the province.
Nishnawbe-Aski Nation Grand Chief Alvin Fiddler welcomed the ruling, calling it a key step toward securing equitable coronial services on reserve.
If proven, the claim could give rise to a Charter damages claim.
