Inquest date set for Atikokan man who overdosed on drugs while in police custody in 2020

A date has been set for an inquest into the circumstances surrounding the death four years ago of a 37-year-old man in police custody in Atikokan, Ont.

Aaron Fisk died on Oct. 18, 2020, while in the custody of the Ontario Provincial Police (OPP). Inquests are mandatory under the Coroners Act when a death occurs while a person is in custody or is being detained.

The inquest is being held on Dec. 9 via video conference, starting at 10 a.m. ET. Bonnie Goldberg will be the presiding officer, while Peter Napier and Uko Abara will serve as inquest counsel.

The proceedings are expected to last five days and include testimony from four witnesses. Dr. Michael B. Wilson, regional supervising coroner for the north region's Thunder Bay office, first announced the inquest on Oct. 29.

"Further details regarding the inquest, including the date and venue, will be provided at a later date," says a release from the Ministry of the Solicitor General's office.

Inquest juries consist of five people tasked with answering five questions: identifying who died, when and where they died, their medical cause of death and by what means they died (classified as either natural causes, accident, homicide, suicide or undetermined).

While inquest juries cannot assign blame or make any finding of legal responsibility, they can make recommendations with the goal of preventing future, similar deaths.

Death part of 2021 SIU investigation

In August 2021, Ontario's Special Investigations Unit (SIU) cleared OPP officers of any wrongdoing in connection with the death of the 37-year-old man in custody in Atikokan.

The SIU said OPP officers arrested the man on Oct. 18, 2020, for being in breach of his release and put him into a cell.

"The officers, aware of the man being at risk of self-harm, removed his clothing and brought in a civilian guard to monitor him while in the cell. When the man fell from the cell bench onto the floor and appeared unresponsive, the civilian guard notified an officer," the SIU release says.

"The officer responded and was able to get a verbal reaction from the man after he rattled the cell bars. Minutes later, the civilian guard alerted the officer that the man had stopped breathing, and paramedics were called."

The SIU is an independent agency that investigates the conduct of police officers in incidents that may have resulted in death, serious injury, the discharge of a firearm or allegations of sexual assault.

The man's death was caused by a drug overdose, according to the SIU. He had denied consuming any drugs when he was booked at the station.

"While it may have been preferable in hindsight to call for paramedics at the first sign of the man's unresponsiveness, [SIU director Joseph Martino] was unable to reasonably conclude that any such lapse in judgment amounted to a marked departure from a reasonable level of care," says the SIU release.

The report says, that officers had no reason to believe the man "was suffering from the effects of fentanyl and methadone."

An obituary online says Fisk died at Atikokan General Hospital.