Q: I have been called to appear at a coroner’s inquest. Is this court? Do I appear in front of a judge? What happens at these things?
A: A coroner is a publicly appointed person whose job is to conduct inquiries into certain deaths. These deaths are usually sudden or unexplained.
Coroners are supposed to do their best to find out how and why the death occurred. First, the identity of the deceased person is to be determined.
Next, the coroner’s process is designed to figure out how, when, where and why the death occurred.
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Coroners and the inquest process do not assign blame nor do they charge or punish. They are finders of fact.
Deaths investigated by a coroner are usually classified as suicide, homicide, accidental or undetermined. Unfortunately, some deaths cannot be explained.
The idea behind appointing someone as a coroner to lead the inquest is to ensure independence in the procedure and in the findings. Sometimes families have no answer as to why a loved one died and the inquest can provide it.
Often, the community at large wants to know how and why someone died and the inquest can address that public need.
In most provinces, there is a chief coroner. When faced with an unexplained death, that person decides whether to hold an inquiry or an inquest.
An inquiry is just that – questions are posed about the death of a person. The coroner appointed to investigate works with police, medical personnel and other people and agencies to try to figure out what occurred.
A report is then filed with the chief coroner. The public does not generally see what happens in an inquiry, although the results can be made public.
An inquest is more formal. It is similar to a court proceeding but there is no judge. The matter is conducted by an inquest coroner who is most often legally trained.
In Saskatchewan, most inquests are run by a lawyer appointed bythe provincial justice minister. In Alberta, a provincial court judge conducts the public inquiry.
At inquests, witnesses are calledto give evidence under oath or affirmation. They are called to provide everything they know about the death in question. Evidence is given before a jury of six people chosen at random.
Sometimes inquests are held in a courtroom, but not always. Inquests have been held in public halls and on First Nations reserves.
Coroners have the power to summon or subpoena people to appear as witnesses to give testimony about possible cause of death or any topics being covered by the inquest.
A coroner’s power is generally limited to the province or territory in which he or she is appointed.
You are legally obligated to appear and to testify.
After hearing the evidence, and with the guidance of the coroner, the jury makes findings. It determines the identity of the deceased, as well as the date of death.
Where possible it notes the cause of death and may make recommendations to prevent similar incidents in the future.
The coroner’s jury does not make binding rulings on civil or criminal liability.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
