Family sues OPP, others, for more than $2M after woman dies in Sudbury, Ont., jail
Family sues OPP, others, for more than $2M after woman dies in Sudbury, Ont., jail
The family of Justine Docherty, who died by suicide in November 2020 while incarcerated at the Sudbury Jail, is suing police and other officials for more than $2 million. (Photo from Mundell Funeral Home)
The family of a woman who died by suicide in November 2020 while incarcerated at the Sudbury Jail is suing police and other officials for more than $2 million.
The family of Justine Nicole Docherty alleged in its statement of claim that police knew she had mental health challenges and was threatening to end her own life, yet they left her in a cell without taking special precautions.
The suit is filed on behalf of several family members, including Docherty’s two children. It seeks $500,000 in general damages, $100,000 each for 17 family members listed in the suit, as well as other damages determined by the Superior Court of Justice.
No allegations listed in the suit have been proven in court and no statement of defence has been filed.
The suit details a timeline of events that led to Docherty’s death in jail Nov. 1, 2020.
She was wanted Oct. 13 of that year on outstanding charges by Ontario Provincial Police in Bracebridge, along with a second person.
“On or about Oct. 19, 2020, she voluntarily turned herself in to Orillia OPP,” the statement of claim said.
“Justine was taken to the Central North Correction Centre in Penetanguishene to await a bail hearing. After several days in custody, Justine was released on bail with conditions that she reside with her father Earl Docherty and abide by the rules of his house. At the time, Earl Docherty was in the process of moving from Orillia, Ont., to Sudbury, Ont.”
While she was in Sudbury, her father became concerned that she wasn’t abiding by her bail conditions and considered revoking himself as her surety.
“He decided to go with Justine to the Bracebridge OPP station to obtain information regarding his options,” the court document said.
“On or around Oct. 28, 2020, Earl was driving Justine to the Bracebridge police station when she suddenly fled the vehicle.”
At that point, her father contacted Bracebridge OPP, who asked Earl whether his daughter was suicidal. He suggested they ask Justine’s sister, Ashley.
“During the relevant time, Ashley had received several text messages from Justine advising that she was suicidal and that she would kill herself if she had to go back to jail,” the lawsuit said.
The Sudbury Jail, which is currently undergoing $10 million in renovations, was "vastly overcrowded and understaffed" at the time of Justine Docherty's death in November 2020, a lawsuit alleges. (File)
“Ashley reported Justine’s suicidal ideation to the Bracebridge OPP and further advised that Justine had a history of mental illness. A large-scale search for Justine was undertaken by Bracebridge OPP with the knowledge she had breached her bail conditions, that she was suffering a mental health condition and that she was suicidal.”
OPP in Orillia then reported they had pulled over a vehicle in which Justine was a passenger. Police in Bracebridge told Earl she was being taken to hospital in Orillia for a mental-health evaluation.
“However, Orillia OPP did not arrest Justine, nor take her to (hospital), despite OPP awareness of Justine’s breach, her mental health condition and her suicidal ideation,” the lawsuit said.
ALLOWED HER TO DRIVE AWAY
“Instead, (they) allowed her to drive away with her two friends. Justine then headed to Sudbury where she stayed at a hotel.”
She was taken into custody by Sudbury police Oct. 30 and placed in the Sudbury Jail, but not placed on a special watch despite her mental health condition.
“The plaintiffs state that the Sudbury police were aware or ought to have been aware of Justine’s mental health condition including her suicidal ideation,” the lawsuit said.
“The Sudbury police officers involved failed to bring Justine for an assessment and/or failed to properly communicate her reported mental health issues including her suicidal ideation to officials with the Sudbury Jail or others who may have assisted her.”
The suit also accuses staff at the Sudbury Jail of failing to live up to their responsibilities to protect her while she was incarcerated.
“The Sudbury Jail is a 100-year-old provincial institution operated by the Crown through the ministry,” the lawsuit said.
“It originally was built to house a much smaller population. At the relevant time, it was vastly overcrowded and understaffed.”
The suit said Docherty was placed in an inadequately supervised cell by herself. She was not placed on suicide watch and there were no cameras inside the cell.
“Guards who toured the area did so at predictable times and not at irregular intervals as required,” the lawsuit said.
“Justine was able to predict when she would be unsupervised and thus able to commit suicide. She received no counselling or other assistance in dealing with her mental health crisis.”
The suit was filed Jan. 3 and names the OPP, unnamed police officials and the Greater Sudbury Police Services Board as defendants.
HELP IS AVAILABLE
If you or someone you know is in crisis, here are some resources that are available.
Crisis Services Canada (1-833-456-4566 or text 45645), Centre for Suicide Prevention (1-833-456-4566) or Kids Help Phone (1-800-668-6868) offer ways of getting help if you, or someone you know, may be suffering from mental health issues.
If you need immediate assistance call 911 or go to the nearest hospital.
Donald Trump said Thursday that he has been indicted on charges of mishandling classified documents at his Florida estate, igniting a federal prosecution that is arguably the most perilous of multiple legal threats against the former U.S. president as he seeks to reclaim the White House.
The Supreme Court of Canada will not hear the appeal of an Alberta woman who was unwilling to be vaccinated in order to get a life-saving organ transplant.
What happens to the brain when you take gravity away? According to a new study looking at astronauts both before and after space travel, that experience causes physical changes that researchers believe requires at least three years between longer missions to recover from.
As wildfires rage across Canada in what’s being called an unprecedented season, one expert says there’s more that individuals and communities can do to adapt and prevent forest fires from causing widespread devastation.
Rescuers in Washington state are praising the resourcefulness of a 10-year-old girl who survived on her own for more than 24 hours in the rugged terrain of the Cascade mountains after getting lost while out with her family.
Air pollution from wildfires remained well above healthy levels across much of southern and northern Ontario and several communities in British Columbia and Alberta on Thursday.
The grief-stricken parents of a young teen killed in his driveway in Barrie in 2021 delivered haunting victim impact statements in court Thursday, recalling the day their "world was destroyed."
A long stretch without rain combined with high temperatures and dry ground conditions has many municipalities across Simcoe County with an extreme fire danger rating and burn ban.
The shifting winds late Thursday morning are predicted to push high levels of air pollution over the City of Barrie and surrounding areas from smoke emanating from wildfires in Quebec and northeastern Ontario.
Video has surfaced showing a Mississauga, Ont. transit bus plowing into stopped traffic in a crash that left one person dead and at least eight injured on Thursday morning.
As interest rates continue to rise, the cost of buying a house in Ottawa and across Canada is becoming more expensive. Many homeowners are now forced to extend their mortgage payments.
University of Guelph (U of G) researchers have been looking at ways to breed dairy cows that burp out less methane, a harmful greenhouse gas emission contributing to climate change.
An 18-year-old woman riding a bike was taken to an out-of-region hospital with what police call “possible serious injuries” after a crash involving a sedan in Kitchener.
Donald Trump said Thursday that he has been indicted on charges of mishandling classified documents at his Florida estate, igniting a federal prosecution that is arguably the most perilous of multiple legal threats against the former U.S. president as he seeks to reclaim the White House.
In the summer of 2022, London, Ont. barber and business owner Eddie Lopez suffered a brain aneurysm, heart attack, stroke, and seizure. He remains in hospital to this day.
Donald Trump said Thursday that he has been indicted on charges of mishandling classified documents at his Florida estate, igniting a federal prosecution that is arguably the most perilous of multiple legal threats against the former U.S. president as he seeks to reclaim the White House.
Quebec's precarious wildfire situation is expected to remain stable over the next 48 hours but residents displaced by the raging forest fires likely won't be able to return home until early next week, Premier Francois Legault said Thursday.
An Ontario man charged Wednesday with first-degree murder in the death of Claudia Iacono, the daughter-in-law of the late Montreal Mafia associate Moreno Gallo, was arrested the day after the killing in Ontario on unrelated drug charges, public records show.
New Brunswick students under the age of 16 who identify as trans and non-binary won't be able to officially change their names or pronouns in school without parental consent.
The Halifax Regional Municipality says it will announce Thursday when more residents can return to their homes in communities impacted by the Tantallon wildfires.
Two years after two statues were knocked down and damaged at the Manitoba Legislature, one is now back up and Indigenous leaders are upset by the decision.
Donald Trump said Thursday that he has been indicted on charges of mishandling classified documents at his Florida estate, igniting a federal prosecution that is arguably the most perilous of multiple legal threats against the former U.S. president as he seeks to reclaim the White House.
Premier Danielle Smith says the government is bringing in arson investigators from outside the province to trace the cause of some wildfires during an unprecedented season in Alberta.
Tumbler Ridge, a community with a population of 2,400 in northeastern B.C., has been ordered to evacuate Thursday due to the danger posed by an encroaching wildfire.
More than 70 guests have RSVP'd for a Squamish couple's beach wedding in Tofino, but the wildfire-related closure of Highway 4 has upended their plans.
The family of Justine Docherty, who died by suicide in November 2020 while incarcerated at the Sudbury Jail, is suing police and other officials for more than $2 million. (Photo from Mundell Funeral Home)
The Sudbury Jail, which is currently undergoing $10 million in renovations, was "vastly overcrowded and understaffed" at the time of Justine Docherty's death in November 2020, a lawsuit alleges. (File)
