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Waterloo Region families call on Ontario Coroner to speed up inquests
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Waterloo Region families call on Ontario Coroner to speed up inquests

Family members of two men who died in police custody or at the hands of police are calling for coroner’s inquests to be carried out more quickly.

On Monday, the family of Nicholas Nembhard joined that of Nathaniel Schofield outside the chief coroner’s office in Toronto.

They were demanding that the coroner immediately open an inquest into Nembhard’s death and expedite the inquest process so that families do not have to wait years to learn the truth about the deaths of their loved ones.

Nembhard, 31, died after being shot by police officer in Kitchener on February 19, while Schofield, 36, died July 10 after experiencing medical distress while in custody at an Ontario Provincial Police (OPP) facility in Rockwood.

Nembhard’s father, Cliff Eaton Nembhard, said it was unacceptable to have to wait three years or more for an inquest to take place.

“I don’t know why it would take so long,” he said, adding that authorities should try to allow families to close their doors more quickly.

Nathaniel Schofield and Nicolas Nembhard
Nathaniel Schofield, left, died July 10 after suffering a health issue while in custody at an Ontario Provincial Police facility in Rockwood, while Nicholas Nembhard, right, is died after being shot by a police officer in Kitchener on February 19. (Submitted by Faye Dzikewich and Andre Nembhard)

According to Nembhard, “it’s so difficult” not to have the answers he seeks regarding his son’s death.

“I wish I knew the answer.”

Ontario’s Special Investigations Unit (SIU) said officers were called to a home in Kitchener due to a disturbance shortly before 9 p.m. on February 19.

“Upon arriving on scene, officers encountered a man holding a bladed weapon,” the SIU said in a statement. “There was an interaction and a police officer fired his firearm. The man was hit.”

Nembhard was taken to hospital where he was pronounced dead.

Cliff Eaton Nembhard
Nembhard’s father, Cliff Eaton Nembhard, said it was unacceptable to have to wait three years or more for an inquest to take place. (CBC)

After reviewing the evidence, SIU Director Joseph Martino said: in a June 21 report that it was determined that there were no reasonable grounds to believe that the officer who shot Nembhard committed a criminal offense.

The SIU investigates cases of serious injuries, deaths and allegations of sexual assault involving police officers, as well as cases where police officers fired firearms at people.

Davin Charney, the Nembhard family’s lawyer, wonders why an investigation hasn’t been launched now that the SIU has completed its investigation.

“The SIU has investigated and has completed their investigation and there will be no charges. They did it in four months. So why in this situation wouldn’t the coroner launch an inquest at this time- there?” » asked Charney.

“Now it’s been over four months, but why wouldn’t the coroner – because it’s mandatory, in a shooting, there’s going to be an inquest – why wouldn’t the coroner say, ‘OK, let’s call the inquest and We’ll do it within a year.'”

Davin Charney
Davin Charney, the Nembhard family’s lawyer, wonders why an investigation hasn’t been launched now that the SIU has completed its investigation. (CBC News)

Schofield’s mother, Faye Dzikewich of Guelph, said families shouldn’t have to endure such long wait times without knowing what happened to their loved ones.

“I really don’t know why (we have to wait this long). I don’t logically see any reason other than to buy more time, maybe,” Dzikewich told CBC News.

“What worries me is that things can change. Things that happen like this are forgotten, they are swept under the rug. It won’t be with me. I will continue as long as possible until so I get the answers I’m looking for.”

The SIU is also investigating Schofield’s death.

Faye Dzikewich
Schofield’s mother, Faye Dzikewich of Guelph, says families shouldn’t have to endure such long wait times without knowing what happened to their loved ones. (CBC News)

Meanwhile, Charney said waiting years for a coroners’ inquest “is too long” when families are grieving the loss of their loved ones.

“This delay aggravates their grief and suffering,” he said.

Charney said he now expects the province to set a timeline for investigations and for the Coroner’s Office to complete them within a year of a person’s death.

A spokesperson for Ontario’s office of the chief coroner says part of the problem is that jury trials haven’t been possible during the COVID-19 pandemic.

“We have investigations that need to be heard and we are doing our best to complete them as much as possible,” the spokesperson said.

Representatives from the coroner’s office came to speak with both families Monday. They agreed to review the status of each case and follow up.