Nova Scotia's Top Court Paves Way for New Hearing in Corey Rogers Police Cell Death Case

A persistent legal battle seeking accountability for the tragic death of Corey Rogers in a Halifax police cell in 2016 has taken another crucial turn. Nova Scotia's highest court has decisively intervened, ordering a fresh disciplinary hearing for five Halifax Regional Police officers. This ruling by the Nova Scotia Court of Appeal overturns a previous Supreme Court decision that had quashed the hearing, breathing new life into a mother's long fight for justice.

Corey Rogers, 41, died from asphyxiation while wearing a spit hood in a cell at Halifax police headquarters on June 16, 2016.

He had been arrested for public intoxication. The circumstances surrounding his death have led to years of legal proceedings, raising serious questions about police conduct and the care provided to detainees.

For Jeannette Rogers, Corey's mother, this latest judicial decision offers a renewed sense of hope and vindication.

Her unwavering determination has been a driving force behind the continued pursuit of answers and accountability for her son's untimely death. "It means there will be a hearing," Rogers told CBC News, expressing her emotional exhaustion and relief that the disciplinary process can finally move forward.

While three officers – Const.

Ryan Morris, Const. Darcy MacPherson, and Sgt. Josh Mc Bride – were previously found not guilty of criminal negligence causing death in a separate criminal trial, the disciplinary process focuses on professional conduct. The five officers named in the disciplinary complaint are Const. Scott Martin, Const.

Ryan Morris, Const. Justin Murphy, Sgt. Ashley Mac Gillivray, and Sgt. Josh Mc Bride.

The path to this new hearing has been fraught with legal twists and turns. Initially, a police review board dismissed the complaint against the officers. However, in 2021, the board reversed its position, concluding that a public hearing was warranted to examine the officers' actions.

This decision was then challenged and, in 2023, a Supreme Court judge quashed the board's order for a hearing, deeming it unreasonable. The judge had argued the board failed to adequately consider the reasonableness of the officers' actions, particularly concerning the police manual's "15-minute rule" for checking on intoxicated detainees.

The Nova Scotia Court of Appeal, however, disagreed with the Supreme Court's assessment.

In a unanimous decision released this past week, the three-judge panel found that the Supreme Court judge had overstepped her authority. Justice David Farrar, writing for the Appeal Court, stated that the board's decision to order a hearing was, in fact, "reasonable" and that the Supreme Court judge "erred in quashing the Board's decision." The Appeal Court emphasized that the board had sufficient grounds to believe that a hearing was necessary to explore whether the officers adhered to protocol, especially regarding the crucial 15-minute check policy for individuals like Rogers.

At the core of the disciplinary complaint is the allegation that the officers failed to adequately monitor Rogers, whose condition as an intoxicated detainee required heightened vigilance.

The police manual specifically mandates checks every 15 minutes for such individuals. Rogers was left unchecked for a significant period, during which he tragically died. The disciplinary hearing will delve into whether these critical procedures were followed and if any omissions contributed to his death.

This latest ruling marks a pivotal moment, offering a tangible step forward in the pursuit of institutional accountability.

It ensures that the actions of the officers involved will once again be scrutinized in a public forum, outside the scope of a criminal trial. For Jeannette Rogers, it means her relentless advocacy has prevented the case from being closed prematurely, keeping the hope for a measure of justice alive.

The upcoming disciplinary hearing will undoubtedly be a crucial and emotional process, revisiting the tragic events of 2016.

It represents a significant opportunity to examine police protocols, training, and the responsibilities of officers in the care of vulnerable detainees, potentially leading to important reforms and ensuring that lessons are learned from Corey Rogers' devastating death.