‘You are, in a very real way, speaking for Devon’ death inquest jury told

The inquest into the death of 16-year-old Devon Freeman is now in the hands of the jury, which has the power to make recommendations regarding the fate of Indigenous children who come into contact with child welfare agencies and who need mental health care in Ontario.

You are, in a very real way, speaking for Devon," presiding officer Jennifer Scott told the five jurors before adjourning the inquest at 12:18 p.m. Thursday.

Over the last four weeks, the inquest has heard from people who knew and cared for Devon before his death, and from experts about how systems can be improved to better support Indigenous youths like him.

Devon was 16 when he disappeared Oct. 7, 2017 from Lynwood Charlton Centre's Flamborough Site. At the time, he was living at the youth mental health residential facility on Collinson Road. He was in the care of Hamilton Children's Aid Society after his grandmother, Pam Freeman, placed him into care after exhausting other options to address his complex mental health needs. His body was found in a pine tree on the grounds of the Flamborough site more than six months later.

The inquest has revealed significant communication gaps in his care, a lack of information sharing about his previous suicide attempts. Many of the proposed recommendations aim to address this. Many other of the proposals are aimed at improving communication with First Nations, and allowing a young person to access their culture and community. The inquest has heard Devon's community, Chippewas of Georgina Island, didn't know he was missing until his band representative Shannon Crate received his death certificate in the mail.

During closing submissions, which began Wednesday, the inquest heard that 58 of the proposed recommendations are either agreed to or not opposed by the parties. There are 16 not agreed by the Ministry of Children, Community and Social Services (MCCSS), largely tied to funding.

On Wednesday lawyer Sarah Clarke said Georgina Island was disheartened and angry that the ministry is not supporting (some recommendations)."

On Thursday, lawyer Mimi Singh called Clarke's characterization of the ministry's position inaccurate." She said that while the ministry does not endorse some recommendations as drafted, it is generally supportive and will consider all recommendations made by the jury. The ministry does not oppose them, but does not endorse them," she said.

Singh noted that decisions about funding and legislation are complex and have to be discussed and approved by senior officials in the ministry. Such changes are made by cabinet and the legislature.

To expect the ministry to simply endorse those recommendations misconceives some very basic principles of democracy," she said.

One of the recommendations sought by Georgina Island is a young person's right to return" to their First Nation if they are under the services of a MCCSS agency. Singh argued other questions would need to be considered, including what to do if a person came from multiple communities, was adopted or came from a community outside Ontario.

The inquest heard repeatedly about the importance of connecting young people with their communities, especially in cases like Devon's where the family was disconnected from their First Nation through colonization. Pam was forced to leave Georgina Island by the government to go to Grade 6 and never returned.

Generally, Singh said that many of the communication failings in Devon's case were not the fault of legislation but because files weren't shared or read by individual workers. She also noted that since Devon's death, there is new legislation governing child welfare and there is a policy review underway.

Throughout the closing submissions, Lynwood, Hamilton CAS and Hamilton police all acknowledged the gaps in their care and search for Devon and have agreed to recommendations that would mean significant work. Most said they needed more funding to do this.

No child or youth should have to come under care of a children's aid society to get the care they need," Hamilton CAS lawyer Michael Hartrick said, adding that more supports are needed for families in the community. With proper funding" children's aid societies could get early help to families before they reach a crisis point.

The jury must reach a verdict that answers five questions about who died, when and where the person died, and how and by what means they died. In this inquest those questions are not contentious. The jury has been urged to find Devon died on the grounds of the Collinson Road site by hanging. His death was suicide.

The jury can adopt all or none of the suggested recommendations, or add their own. These recommendations are not binding but parties are obligated to respond.

This was a discretionary inquest. It only happened because Pam and Georgina Island fought for it to happen. It was also the first inquest that happened both in a First Nation and an urban setting, coroner counsel Brett Moodie told the jury. The first day took place on Georgina Island, and as the process evolved it included more Indigenous representation, including ending with all the parties seated around a circle.

Scott said she hoped the inquest process was a step toward reconciliation with Indigenous communities.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com