Raymond Silverfox died after spending about 13 hours in Whitehorse RCMP custody on Dec. 2, 2008. (Family photo)

No criminal charges will be laid in the in-custody death of Raymond Silverfox, a Yukon First Nations man who spent about 13 hours in Whitehorse RCMP cells in 2008.

RCMP investigators from British Columbia made the announcement Wednesday following a Criminal Code probe into the circumstances surrounding the Dec. 2, 2008, death of Silverfox, a 43-year-old member of the Little Salmon Carmacks First Nation.

"After an extensive investigation into the circumstances surrounding the death of Raymond Benjamin Silverfox by the British Columbia 'E' Division major crime section, and an independent legal assessment of the investigative findings by the Public Prosecution Service of Canada, it has been determined that no criminal charges should be laid," Insp. Brendan Fitzpatrick told reporters in Whitehorse.

A coroner's inquest held in April heard that Silverfox was subjected to ridicule and mockery from RCMP members and detachment guards during the final hours of his life in the drunk tank, where he was kept from 5 a.m. until 6:30 p.m. local time on Dec. 2.

The inquest heard that Silverfox had vomited 26 times in his cell during the time he was in custody, but officers and guards assumed he was intoxicated.

Staff did not seek medical attention until someone noticed Silverfox was not moving around 6:30 p.m. He died hours later in hospital of acute pneumonia and sepsis.

The inquest also heard evidence of RCMP officers and guards mocking and laughing at Silverfox as he lay in a pool of his vomit and feces for hours.

Audio recordings found

The B.C. RCMP were first brought in shortly after Silverfox's death to conduct an independent criminal investigation. That initial investigation concluded in April 2009 that no charges should be laid, Fitzpatrick said.

The criminal investigation was reopened after audio recordings from one of the Whitehorse detachment's cellblock video cameras were discovered, just three days before the coroner's inquest began.

The audio recordings, which were played at the inquest, revealed that RCMP officers and detachment guards ridiculed Silverfox as he vomited and defecated in his cell.

The B.C. investigators transcribed and reviewed the audio, as well as the witness evidence from the coroner's inquest. The findings were provided to federal Crown prosecutors in Nunavut for review.

"Over 1,400 pages of written material plus photographs and audio and video recordings were provided for further review," Fitzpatrick said. "The opinion did not change — charges should not be laid."

2 other probes underway

Silverfox's family has appealed the Yukon coroner's inquest's ruling that Silverfox died of natural causes. Family members allege that territorial coroner Sharon Hanley showed bias in favour of the RCMP.

First Nation leaders, the British Columbia Civil Liberties Association and the federal New Democrats have joined the family in urging the Yukon government to launch a full public inquiry into Silverfox's death.

The case is still under investigation by the Commission for Public Complaints Against the RCMP, a national police watchdog agency. As well, five Whitehorse RCMP members face an internal code of conduct review.

Shortly after the coroner's inquest concluded, Yukon RCMP Chief Supt. Peter Clark issued a public apology for the police force's "insensitive and callous treatment" of Silverfox.

In addition to the inquest appeal, Silverfox's family has also filed a civil lawsuit against the Yukon RCMP and the officers and detachment guards who were on duty the day he died.