Ontario Moves to End Mandatory Inquests Into Jail Deaths

Under the current Coroners Act, a death in an Ontario correctional facility that the coroner suspects was not from natural causes leads to a mandatory inquest: a public hearing where a jury hears witnesses and evidence and makes recommendations to prevent similar deaths. The Ministry of the Solicitor General is proposing to replace these with one annual coroner-led review of the previous year's deaths, supported by an advisory committee instead of a jury, CBC News reported in January 2026.

The change would land as deaths in custody climb. According to the coroner's office, as reported by the Globe and Mail, the number of people who died in provincial custody rose to 41 in 2025 from 16 in 2010. The count includes natural deaths, drug overdoses and suicides. Most people in provincial custody are awaiting trial.

Inquests are how families get answers. London lawyer Kevin Egan, who has represented families at inquests since 2011, told CBC: "I don't suggest for a moment that we shouldn't have annual reviews, but they should not replace inquests." He added: "Inquests are embarrassing to the government." Howard Sapers, executive director of the Canadian Civil Liberties Association and a former federal correctional investigator, told the Globe that these are deaths in "a total institution that the government is operating."

The government's case is on the record. A ministry spokesperson told CBC the approach "would support a more timely, system-wide review of in-custody deaths," that inquests could still be held "at the request of families or when deemed necessary by the chief coroner," and that annual-review findings would remain public. The Globe reports the government also says the change would avoid retraumatizing families. Inquests are slow: they typically happen five to seven years after a death, and in 2024 the coroner's office held 47 inquests, 45 of them mandatory.

The consultation itself drew criticism. The Globe and Mail reports the government posted the proposal online in December 2025 and gave stakeholder groups a month to respond in writing. After criticism that it had not consulted people whose relatives died in jail, the coroner's office said more meetings with families and Indigenous representatives were planned for summer 2026.

Researchers warn the deaths would disappear from public view. Alexander McClelland, a Carleton University criminology professor who leads the Tracking (In)Justice project, told the Globe that deaths would "end up being a footnote in a report." He said the government should instead fund clearing the inquest backlog and implement existing recommendations.

Inquest juries have already named the problems. The Globe notes that a 2023 coroner's expert panel on jail deaths found overcrowding and frequent staff-shortage lockdowns were causing unsafe conditions. Recent inquests, such as the one into Kevin Mamakwa's death at the Thunder Bay District Jail, produced detailed recommendations aimed at the Ministry of the Solicitor General.

As of the Globe's Aug. 31, 2026 report, the change was still a proposal. No bill amending the Coroners Act had been reported.