News release

Conclusions, Recommendations on Bailey Death Released

Justice

The conclusions and recommendations reached by the Ontario Provincial Police in their external investigation into circumstances surrounding the death of James Guy Bailey were released today by the Nova Scotia Justice Department.

The OPP concludes there was no foul play in Mr. Bailey's death on May 17 in the lockup of the Cape Breton Regional Police.

The three detectives conducted 67 interviews and sought advice from independent pathology, toxicology, trauma and emergency- medicine experts. They offer 21 recommendations designed to address concerns raised regarding note-taking, recording equipment, the communications centre, CPR training and general lockup procedures.

However, not all individuals agreed to an interview. As a result, the OPP concludes that there are still "many unanswered questions surrounding the circumstances of James Bailey's arrest and subsequent detention."

They further conclude that "his immediate family, the Cape Breton Regional Police Service and the citizens of the Regional Municipality of Cape Breton, deserve to have the circumstances around this very unfortunate death explored in a full and frank manner in a public venue to ensure that no further in-custody deaths occur."

The matter now will be referred to the Nova Scotia Police Commission for a full inquiry into circumstances surrounding the death. Under the Police Act, the commission has authority to compel witnesses to testify and to order the production of documents.

"We had hoped this investigation would provide more answers," said Justice Minister Michael Baker. Unfortunately, since not all of those involved agreed to be interviewed, the OPP could not fully explore this matter, and we believe a more thorough review by the Nova Scotia Police Commission is in order."

Mr. Baker has asked the commission to hold the inquiry as soon as possible, in a location within the Cape Breton Regional Municipality. He has also asked that the inquiry be held in public, unless there is evidence the commission believes should be taken in camera.

The OPP's complete report now will be sent to the police commission. The personal information contained in the conclusions and recommendations has been severed in accordance with the Freedom of Information and Protection of Privacy Act. The personal information regarding Mr. Bailey is included with the permission of the family.

"I extend my condolences once again to the family," said Mr. Baker. "I appreciate their patience and want to assure them we will continue to press for answers."

Nova Scotia had the OPP conduct the investigation because it felt an out-of-province police force was the most appropriate choice.

Investigators from the OPP were Det. Insp. D.J. MacNeil, Det. Const. S.G. Evans and Det. Staff Sgt. Mark Vanzant.


NOTE TO EDITORS: Copies of the conclusions and recommendations are available at 500 Kings Road, Ste. 205 in Sydney, and at 5151 Terminal Road, fourth floor, in Halifax. The terms and scope of the Police Commission inquiry are also available at the same locations.