Jury at Devon Freeman inquest hears 73 recommendations for change

What happened to Devon Freeman should be used as a case study for training children's aid societies and residential care providers so that they can hear the lessons from the 16-year-old's life and death.

That is the first of 73 recommendations being suggested to the jury at the inquest into the teens' death.

It's important that Devon's name and his memory be used to try to change things for the better," said Justin Safayeni, the lawyer representing Devon's grandmother, Pam Freeman.

After nearly four weeks of testimony, including those involved in Devon's care and systemic witnesses, closing submissions began Wednesday. Many of the recommendations are aimed at improving communication among agencies, more meaningful involvement with First Nations and increasing access to Indigenous cultural services.

Almost every party with standing either supports or does not oppose all recommendations, except for the Ministry of Children, Community and Social Services (MCCSS). The provincial ministry, which licenses and oversees children's welfare, is refusing to agree to recommendations that ask for additional funding that the inquest has heard is crucial to implement changes.

Devon's First Nation community is disheartened and angry that the ministry is not supporting (some recommendations)," said Sarah Clarke, lawyer for Chippewas of Georgina Island, adding that it's mind boggling."

Devon was a 16-year-old boy with complex mental-health needs who was put into the care of the Hamilton Children's Aid Society by Pam after she had run out of options to help him. Hamilton CAS placed Devon at Lynwood Charlton Centre's Flamborough site, a residential youth mental-health facility, where Devon grew increasingly unhappy and ran away frequently. He disappeared a final time on Oct. 7, 2017. His body was on the grounds of the Flamborough site more than six months later. He had died by suicide.

Devon never had the chance to go to Georgina Island. His family was disconnected from the community after Pam was forced to leave for school in Grade 6. The community did not know he was missing until his band representative, Shannon Crate, received his death certificate in the mail.

The inquest heard extensive evidence about how Indigenous cultural practices are the key to better outcomes for Indigenous youth. Indigenous children are overrepresented and underserved by the child-welfare system, and these changes could benefit countless children.

Clarke commended the agencies, including Hamilton CAS, Lynwood and Hamilton police, who all agreed to recommendations that would require them to make some difficult changes. For police that includes the recommendation for a dedicated missing-persons unit, training and a look at how police assess risk.

Among the recommendations not being endorsed by the ministry is what Clarke called Georgina Island's big ask": that children or youth accessing services have the right to return" to their First Nation community.

Kids need to have the chance to go home," Clarke said, calling this Devon's legacy."

Safayeni argued the recommendations being opposed by the ministry were crucial because the provincial government holds the pen and the purse" to creating new legislation and funding.

This call for more funding was repeated throughout submissions. Robert Stellick, a lawyer who represented several specific child-welfare workers and their union, put it plainly: gaps cannot be filled by hopes, dreams or good intentions, they need funding."

There are a number of people and organizations who have standing at the inquest, including: Pam, Chippewas of Georgina Island, Hamilton CAS, Lynwood, Hamilton Police Service and also individual police officers and child-welfare workers, MCCSS, Anishinabek Nation, Aboriginal Legal Services and Justice for Children and Youth.

The jury is tasked with coming to a verdict answering five questions: who died, when and where did they die, what was the cause of death and what was the manner of death. Unlike other inquests, most of these are not the subject of disagreement, Safayeni said.

Devon Freeman, whose spirit name is Muska'abo (red one standing), died on the grounds of Lynwood's Flamborough site by hanging. The only thing unclear is the exact timing. What was clear from the autopsy results was that he had been dead many months before being found April 12, 2018.

The jury can also make non-binding recommendations to prevent future deaths, which is why the parties worked to put forward the suggested actions.

Safayeni reminded the jury that this inquest was not mandatory, but only happened because Pam and the Chippewas of Georgina Island pushed and pushed and pushed" for it to happen, to shed light on what happened to Devon and above all that changes would be made to try to avid this ever happening again."

The inquest continues Thursday with more closing submissions, after which the jury will begin deliberations.

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