Inmate responsible for own death, government says in defence claim

The Correctional Service of Canada did all it could to prevent the overdose death of an inmate at Stony Mountain prison after he was put in isolation following a deadly riot in 2023, the federal government argues in response to a lawsuit launched by his mother.

Ricardo Pereira, 23, died of an overdose of methadone in the prison north of Winnipeg on Sept. 5, 2023, while serving an eight-year sentence for break-and-enter and aggravated assault, among other offences.

Dawna La Rose filed her suit in the Manitoba Court of King’s Bench last summer on behalf of her son’s estate. She alleges his mental health deteriorated after he was put in isolation.

In its statement of defence, which argues the lawsuit should be rejected by the court, corrections officials said Pereira’s death wasn’t the result of staff negligence.

“CSC took reasonable care of Mr. Pereira’s health and safety as a person in its custody. The incident giving rise to his death was not the result of CSC’s actions and was not reasonably foreseeable,” reads the federal government’s court filing.

“All reasonable and proper steps were taken to protect Mr. Pereira from injury. CSC was not negligent, nor did it breach the duty owed to Mr. Pereira, for which the plaintiff claims damages.”

The government says corrections officers gave Pereira appropriate care in the circumstances — and that it was his decision to take methadone.

“Mr. Pereira voluntarily ingested an unknown quantity of methadone,” reads the government’s statement. “Mr. Pereira’s cause of death was methadone toxicity, which was a direct and foreseeable result of his actions.”

Pereira’s fatal overdose took place seven weeks after a riot between as many as 50 armed rival gang members in the exercise yard on July 17, 2023. Seven were injured and one inmate, a 33-year-old convicted killer, was slain.

On July 23, Pereira’s unit was searched.

The federal government’s court filing alleges that during the search, Pereira “uttered very serious threats towards correctional officers.”

That included “threatening to stab a correctional officer in the neck and making threats toward the family members of correctional officers,” reads the government filing. Officials decided to transfer Pereira to a structured intervention unit out of safety concerns.

He was isolated from other inmates for most of each day in the cell, his mom’s lawsuit says.

Under federal policy, inmates are supposed to get what’s called “meaningful” contact with other people for two hours a day.

The units replaced solitary confinement in 2019, following court rulings that deemed prolonged isolation unconstitutional.

On July 25, Pereira was transferred to the federal prison in Edmonton, where he was placed in a confinement cell because of his ties to the Manitoba Warriors gang, who have rivals there.

The corrections service said Pereira made no mention of any physical or mental concerns when he was placed in isolation and did not raise concerns when his mental health was assessed during his period in the structured intervention units.

Other inmates from Stony were transferred to the Alberta prison on July 31 and Pereira was taken out of confinement for a time, because he was considered compatible with them, the court filing says.

Later, he was transferred back to Stony for a court appearance on Aug. 29.

On Sept. 4, the lawsuit claims Pereira was meant to have a visit with his mother, but visits were cancelled following an incident in his unit, leading him to take the methadone — a synthetic opioid often used to treat addiction to other opioids — to get high.

He was treated for the overdose at a nearby hospital and taken back to the prison that evening.

Just before 1 a.m. on Sept. 5, an officer conducting a routine check noticed him face down and paramedics were summoned. Officers started CPR and gave him naloxone, says the government’s court filing.

In a reply filed in court to the statement of defence, Pereira’s mother again asserted that his death was caused or contributed to by CSC, including failures in supervision, monitoring, medical decision-making, emergency response and institutional safety.

erik.pindera@freepress.mb.ca