Key issues raised by inquest into Mexican woman's suicide at Vancouver airport

METRO VANCOUVER For the last week, a five-person jury has been hearing evidence surrounding the death of Mexican hotel maid Lucia Vega Jimenez, who hanged herself in a shower stall in the Vancouver airport's immigration holding centre on Dec. 20, 2013. She later died in hospital. Her death has been the subject of a coroner's inquest, the purpose of which is not to find fault or assign blame, but rather to establish the facts surrounding a death and make recommendations on how to prevent such deaths in the future. Here are some of the key issues raised by the inquest.

Training and oversight of private security guards contracted by the Canada Border Services Agency to monitor the holding centre: The inquest heard that in the months leading up to the incident, Genesis Security frequently had fewer guards on duty at the holding centre than was required by the contract with CBSA and that room check records were falsified by Genesis the morning of the incident.The Genesis guards received no training on how to spot signs of depression or mental health distress before the incident but have since been sent on a one-day course offered through the CBSA. The CBSA manager in charge of the holding centre is based downtown and testified that he is on site at the centre roughly once a month. The CBSA has created a new administrative position at the holding centre two days a week during the day, when detainees are not usually there.

Detention conditions at the holding centre: The BC Holding centre is accessed via a door in the side of a concrete tunnel several floors below the Fairmont Vancouver Airport. Paramedics who responded to the 911 call testified that it took them 12 minutes to reach the holding centre from international arrivals because of a nearly kilometre-long walk down a corridor. The Canadian Red Cross has deemed the facility unsuitable for even short-term detentions due to a lack of natural light and fresh air. Immigration lawyer Douglas Cannon, who has practised refugee law for two decades, said he has been in the facility once and that his understanding is lawyers are not allowed in. Cannon said he has frequently run into problems contacting clients held there even by telephone. The inquest heard that in Toronto, where the CBSA's immigration holding centre is a converted hotel, lawyers, non-governmental organizations and groups from different cultural communities are all regularly granted access. The CBSA maintains the Vancouver holding centre is not meant to be used for detentions of longer than 72 hours. Intervenors at the inquest including the BC Civil Liberties Association and the Canadian Council of Refugees want to see the holding centre closed.

Physical layout of the holding centre: The inquest heard testimony from architect Ron Dies, who has experience designing prisons, on what can be done to minimize the risk of suicides. This largely involves making sure there are no structures which will support any significant weight if something is tied to it.

Detention conditions at provincial jails. Immigration detainees held for longer than 72 hours are taken to provincial jails, typically in Maple Ridge or Surrey. International law stipulates that immigration detainees, who have usually not broken any law, be held in facilities appropriate to their non-criminal status. Jimenez was held for two weeks at the Alouette Correctional Centre for Women, where immigration detainees are held in the most secure section and subject to all the same restrictions as criminal inmates. The inquest heard Jimenez had trouble calling her family from Alouette because of the prison's phone system. She also missed what could have been a critical appointment with a mental health specialist at Alouette because her file was not marked urgent.

Access to lawyers: Jimenez was arrested on Dec. 1, but did not get a lawyer until Dec. 13, the inquest heard. This is significant because immigration detainees have just 15 days from the time of their initial hearing to apply for a pre-removal risk assessment (PRRA), during which an immigration officers reviews the dangers a detainee may face if deported. Those who apply for a PRRA receive a stay of deportation until a decision is made, though it is rare that a PRRA results in a detainee being able to stay in Canada permanently. While detainees have access to duty counsel at the Library Square location where CBSA interviews and Immigration and Refugee Board hearings are conducted and are always permitted to call Legal Aid, the process can be daunting for detainees who speak little to no English, the inquest heard. The fact that detainees are often held in jails an hour or more from Vancouver also has the effect of limiting access to lawyers, who are only paid a certain number of hours under Legal Aid and prefer not to spend them driving. The inquest heard that CBSA interviews and Immigration and Refugee Board hearings in Toronto are held in the same building as the immigration holding centre, greatly reducing the need for transportation.

Communication between provincial corrections staff, CBSA and Genesis Security: The inquest heard that there was no formal mechanism in place through which information about detainees, such as behavioural patterns or scheduled appointments, could be communicated between companies or agencies.

tcarman@vancouversun.com

Twitter.com/tarajcarman

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Key issues raised by inquest into Mexican woman's suicide at Vancouver airport