5 years after Samuel Brown's death, his family's lawyer says long wait for inquest may be 'illegal'

The lawyer representing the family of a teenager who died at a government-run school for blind students in Brantford, Ont., says the 1,825-day wait for an inquest could be "illegal."

"I won't be waiting any longer," said Saron Gebresellassi, the lawyer representing Samuel Brown's family.

"This is so procedurally irregular."

Brown, who was an 18-year-old deaf, blind and non-verbal student who boarded at W. Ross Macdonald School for the Blind, died sometime overnight on Feb. 9, 2018.

Preliminary coroner's reports and autopsy results offered conflicting causes of death. One said it was pneumonia, while the coroner said it was natural causes.

His family, who lives in Brampton, has been pushing for an inquest since his death, but haven't received one after nearly five years.

While the Coroner's Act doesn't set out a length of time an inquest must be done, Gebresellassi said there's case law that states a wait of 36 months or more is considered an unreasonable delay and could be illegal.

Gebresellassi also said she's heard an update will come soon, but doesn't want to delay things any more.

Inquests take at least 3 years to begin: coroner's office

Stephanie Rea, an issues manager with the chief coroner's office, previously said the inquest would take place in 2022.

On Thursday, Rea told CBC Hamilton Gebresellassi filed a motion related to the case. That motion is currently before the coroner and a date for the inquest will come after a decision on the motion is made, she said.

Rea also said this is what is called a discretionary inquest not a mandatory one.

She said most inquests take at least three years before beginning, noting one inquest that took place last year was a six-year wait.

Gebresellassi said the motion, which asked for the coroner, police and the school to provide her team with further documentation such as school staff log books, was filed over a year ago and said if a date for the inquest isn't announced by Feb. 9 — the five-year anniversary of Brown's death — she'll escalate the issue. 

"The community is owed an explanation," she said.

Rea said filing motions extends the process.

"There are a lot of parties in an inquest," she said. "Everybody here wants to move on with this one, I can tell you that."

Family wants moment of silence on Feb. 9

Gebresellassi also said she wants the province and the City of Hamilton to observe a moment of silence on Feb. 9 at 7:06 a.m.

Gebresellassi, who is based in British Columbia, is in Ontario for one week to mark the five-year anniversary of Brown's death, making stops in Brantford, Brampton, Hamilton, Ottawa and Toronto to bring attention to the case.

Hamilton Mayor Andrea Horwath will be observing the "important but sombre" moment of silence, according to spokesperson Alia Khan.

"The Mayor's office has gotten in touch with Samuel Brown's family representatives with how they would like it to ideally be on Feb. 9, at city hall," she said.

"In addition, observing a moment of silence in the council meeting before February 9th is a possibility, depending on the family's wishes."

The province didn't respond to CBC's requests for comment on if they'll follow through with the request.

"[Brown] really inspired patience, he was non-judgmental, people lit up around him," Gebresellassi said.

"We're just so pleased the community has been standing by for so long."