JAMES SMITH CREE NATION, Sask. — The Saskatchewan Serious Incident Response Team (SIRT) has completed its investigation into an in-custody death following an arrest on James Smith Cree Nation (JSCN), finding no grounds to believe any police officer committed a Criminal Code offence.
On April 28, 2025, at approximately 7:55 a.m., Melfort RCMP received the first of several calls reporting that a man on JSCN had discharged bear spray within an occupied residence. Three RCMP members, as well as JSCN community peacekeepers, responded and located a 29-year-old man, subsequently referred to as the affected person, within the residence. The RCMP members spoke with the affected person and attempted de-escalation tactics while he remained inside the residence.
A short time later, the affected person was informed that he would be taken into custody under The Mental Health Services Act and fled from the residence through the rear door. After a short foot pursuit, the affected person was taken into custody without the use of force and was handcuffed. Conducted energy weapons (CEWs) were drawn during the pursuit but were not discharged during the encounter.
Shortly after being handcuffed, the affected person went into medical distress. RCMP members immediately contacted EMS for assistance and commenced first aid. While awaiting the arrival of EMS, RCMP and community peacekeepers from JSCN continued first aid, performing CPR and administering naloxone several times. At approximately 9:42 a.m., EMS arrived at the scene and assumed responsibility for the affected person’s care. Shortly thereafter, the affected person was pronounced dead by EMS.
An autopsy examination was conducted, which determined that the affected person died as a result of positional asphyxia combined with acute methamphetamine and cocaine toxicity. The examination identified the absence of any life-threatening physical injuries that could have caused or contributed to the affected person’s death. Toxicology results confirmed the presence of both methamphetamine and cocaine in the affected person’s system, with the methamphetamine levels noted as being within the range that could have caused or contributed to his death.
When the affected person turned and fled from the lawful arrest, the involved police officers pursued him on foot, but when the affected person stopped and raised his hands, he was taken into custody with no meaningful use of force employed, according to the report.
According to SIRT's report, when the affected person was discovered to have gone into medical distress, the response by the involved police officers was both timely and appropriate, with care provided rapidly following the discovery of his condition and continuing until EMS arrived at the scene.
An assessment of any negligence-based Criminal Code offences would require evidence establishing that the involved police officers demonstrated a wanton or reckless disregard for the life or safety of the affected person. SIRT said in this case, the evidence falls far short of demonstrating such a departure.
Throughout the incident, the involved officers demonstrated prolonged attempts to engage peacefully with the affected person, speaking calmly with him and demonstrating both awareness and consideration of his ongoing mental health crisis, according to the report. When the affected person was ultimately taken into custody, the arrest occurred without incident, says the report. The attempts by the involved officers to deal calmly with the affected person continued throughout his restraint, and when his medical distress was ultimately discovered, the involved police officers demonstrated significant concern for preserving his life and rapidly provided appropriate care, according to the report.
SIRT stated that, after considering the totality of the evidence and the applicable legal standards, there are no grounds to believe that any police officer committed any Criminal Code offence during the course of this incident, and no charges will be laid.
