N.S. court orders new hearing in long-running police cell death case
Nine years after the tragic death of Corey Rogers in a holding cell at Halifax police headquarters, the case continues to have a profound impact on the Nova Scotia justice system. This week, a Nova Scotia Supreme Court judge made a significant ruling, ordering a new hearing by the Nova Scotia Police Review Board due to serious issues with a previous hearing on the case.
The focus of the board’s examination was the conduct of Dan Fraser, one of the two special constables who were terminated in connection with Rogers’s death in June 2016 while in the custody of Halifax Regional Police. Rogers, who was 41 years old, had been arrested for public intoxication and had a spit hood placed over his head after spitting at officers. Tragically, he choked on his own vomit while still wearing the hood in his cell.
Fraser and Cheryl Gardner faced disciplinary proceedings from the police review board, leading to both constables being dismissed. Only Fraser chose to appeal the decision. However, the appeal process was temporarily halted by a judge last year after the acting chief of Halifax Regional Police, Don MacLean, raised concerns about procedural irregularities during the hearing.
In a recent ruling, Justice John Bodurtha overturned the board’s decision and raised questions about its operations. He highlighted the lack of transparency and procedural missteps during Fraser’s hearing, emphasizing the importance of public notice and media involvement in such proceedings.
Halifax lawyer Jason Cooke, who represented Rogers’s mother throughout the process, expressed satisfaction with the court’s decision. Cooke noted that the ruling aligned with the positions of both Rogers’s mother and Chief MacLean. Despite the lengthy legal battle, Rogers’s mother is reportedly pleased with the outcome.
With one disciplinary decision against Fraser still standing, Cooke anticipates that a second police review board hearing would be redundant. He expects the police department’s lawyers to request a motion to that effect when the new hearing commences.
Chief MacLean welcomed the court’s ruling, acknowledging that it provides clarity and guidance on the matter. As the case is now set for further consideration by the Police Review Board, MacLean indicated that the department would refrain from making additional comments at this time.
The quest for justice in Corey Rogers’s tragic death continues, as the legal proceedings surrounding the case unfold in the Nova Scotia justice system.
