Family of suicide victim sues RCMP, Aurora Recovery Centre

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This article was published 10/08/2023 (807 days ago), so information in it may no longer be current.

A rural Manitoba addictions treatment facility and the RCMP have been named in a wrongful death lawsuit, amid allegations they were too slow to search for a man who died by suicide after straying from his group on a nature hike.

The lawsuit — filed last week in Manitoba Court of King’s Bench — seeks $240,000 in damages from Gimli-area Aurora Recovery Centre and the RCMP for the Aug. 4, 2021, death of Pickering, Ont., resident Warren Cowling, 51.

“But for the negligence of defendants Aurora Recovery Centre and (RCMP), Mr. Cowling would not have had the opportunity to stray from his nature walk group, finding opportunity after 21 hours to hang himself with his shoelaces,” says a statement of claim filed by Cowling’s family.

A representative for Aurora contacted by phone by the Free Press on Wednesday refused comment and did not identify himself before ending the call.

An RCMP spokesperson declined comment, as it is “an ongoing legal matter.”

Cowling, who lived with mental health struggles, including depression and anxiety, was released July 1, 2021, from a hospital in Pickering after taking a “large dose” of prescribed anti-depressant medication. He was admitted a day later to Aurora, where family members were told Cowling could receive treatment for drug withdrawal, suicidal ideation and other “severe side-effects,” says the statement of claim.

“With awareness of Mr. Cowling’s previous suicide attempt, Aurora Recovery Centre was confident Mr. Cowling would receive appropriate care,” according to the court document.

Cowling began treatment at the centre detox unit, but expressed concern “about the rapid withdrawal process,” says the statement of claim.

On Aug. 1, 2021, Cowling’s “escalating and extreme anxiety due to the rapid withdrawal was communicated to Aurora’s addiction counsellor, who reassured him and his family that symptoms would settle down in a few days,” the lawsuit alleges.

On the afternoon of Aug. 3, Cowling left the centre for a mandatory group nature walk, leaving his identification badge at the reception desk, as was required.

When Cowling didn’t return at 1:50 p.m., “staff negligently failed to take attendance or notice his badge remained at reception,” the statement of claim alleges. “This was a missing and crucial first opportunity to recognize his absence.”

Cowling’s absence was not noted at a 2 p.m. group session, the statement of claim alleges. It wasn’t until shortly after 6 p.m. that a staff member noticed Cowling was missing and a search was started and RCMP were notified, the lawsuit says.

The next morning, Cowling’s family followed up with RCMP, who “downplay(ed) the urgency of the situation,” the statement of claim alleges.

An officer allegedly told family members he had not taken a missing person report a day earlier, and that no one was looking for Cowling.

The RCMP officer “was advised of the severity of the situation” and responded: “People like him have their ways… he’s probably on his way back to Ontario,” the lawsuit says.

Told Cowling had no identification, cellphone or money, the officer eventually said he would go to Aurora that morning to take a report, the statement of claim alleges.

Later that day, extended care patients at the treatment centre found Cowling’s body under a bridge. He had used his shoelaces to hang himself.

“Preliminary reports” estimated Cowling had died shortly after 10 a.m. Aug 4.

Aurora and the RCMP met family requests for information with “inconsistent and evasive responses,” the statement of claim alleges.

In March 2023, an RCMP officer contradicted earlier indications no missing person report had been received Aug. 3, saying two or three officers spent two hours that night “actively searching” for Cowling, the statement of claim alleges.

“As a result of the defendants’ negligence, inadequate response, and lack of transparency, Mr. Cowling’s family experienced undue emotional anguish, loss, and a profound sense of injustice,” says the statement of claim. “But for the defendants’ negligence, Mr. Cowling’s tragic death would have been avoided.”

The allegations have not been proven in court, and no statements of defence have yet been filed.

dean.pritchard@freepress.mb.ca