Quebec Court revives Berniquez death probe
Last Updated: Thursday, May 6, 2010 | 11:29 AM ET
CBC News
The possibility of a public inquiry into the police-related death of Montreal man Michel Berniquez seven years ago has been revived by Quebec's court of appeal.
On Wednesday, the province's highest court threw out an earlier legal decision in Berniquez's case that barred any public investigation into his death. Berniquez died after an encounter with six Montreal police officers in 2003.
The appeal court said there is merit in holding a public inquiry because it would allow a coroner to issue formal recommendations to protect citizens.
Quebec's chief coroner had initially requested a public investigation into the death, despite preliminary investigation conclusions – submitted by police and a local coroner – that ruled it was accidental and fuelled by drugs.
The Montreal Police Brotherhood successfully fought the chief coroner's order in Quebec Superior Court. Wednesday's Appeal Court ruling throws out that decision.
Coroner will review decision
Berniquez, 45, died in June 2003 after an altercation with police first sparked by his erratic behaviour in a corner store in Montreal-North.
Police were called to the dépanneur where Berniquez was making a scene and refusing to pay his bill.
According to court documents, Berniquez then wandered into a nearby parking lot and started a fight. When police arrived he took off running. When officers caught up with him, he punched one of them in the face and tried to grab his night stick.
The officers finally subdued Berniquez physically by wrestling him to the ground.
But when emergency workers arrived on the scene, Berniquez was in cardiac arrest and deteriorating quickly. By the time he arrived at hospital, he was declared dead.
Berniquez's mother later sued the city of Montreal for her son's death.
Quebec's coroner's office said it would review the decision before deciding whether to call a public inquiry.
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