Mother sues province, police over son’s death in OPP custody

KITCHENER – Two years to the day after her son died following a night in a Rockwood OPP cell, Faye Gaines is suing the province and four named OPP staff for more than $3.7 million.

Gaines (formerly Dzikewich) filed a lawsuit with Kitchener Superior Court on July 10, alleging negligence and wrongful death in the loss of her son, Nathaniel Schofield.

A 36-year-old father of six, Schofield was arrested July 9, 2024 in connection with an alleged domestic incident in Arthur and taken to the Teviotdale OPP detachment.

Before arriving at the Rockwood OPP detachment to be held overnight for a bail hearing, he told officers he had recently used fentanyl, methamphetamine and cocaine, and expected to go into withdrawal, according to the claim.

It alleges his condition deteriorated overnight and that staff failed to get him timely medical care.

“The defendants knew, or ought to have known, that Mr. Schofield was at increased risk of suffering a medical emergency while detained,” states the claim.

Schofield suffered a medical emergency shortly after 10am the next day and was taken by paramedics to Guelph General Hospital, where he was pronounced dead at around 11:20am. A mandatory inquest into his death has not yet been scheduled.

The claim alleges emergency care provided by OPP staff “was inadequate and fell below the standard of care.”

The claim lists a series of alleged failures, among them inadequate monitoring, failure to communicate his condition to paramedics and failure to maintain adequate emergency communication systems inside the detention facility.

The claim also alleges institutional negligence against the province: inadequate policies for prisoners in withdrawal, inadequate training/supervision, and failure to maintain safe facilities and emergency equipment. It further alleges Schofield’s Charter rights were breached.

None of the allegations have been tested in court. No statements of defence had been filed as of press time.

The OPP declined to comment “out of respect for the judicial process.” The Ministry of the Attorney General, which represents the province in lawsuits, did not respond to a request for comment before press time.

Gaines told the Advertiser she wants a legal precedent set as much as a payout to help support Schofield’s children.

“They need to be held more accountable than anyone else,” Gaines said of police. “We’re supposed to trust them with our lives. How can we trust them with our lives if you can’t be protected and safe in a cell over one night?”

Last year the Special Investigations Unit closed its investigation into Schofield’s death, finding officers acted appropriately and clearing them of criminal wrongdoing. An autopsy found Schofield died of drug toxicity.

Gaines disputed the official version of events, saying “there’s no way he overdosed 14 hours later.”

The lawsuit seeks $3 million in general damages for negligence and wrongful death; $200,000 for alleged breaches of Schofield’s Charter rights; $500,000 in aggravated and punitive damages; and further damages under the Family Law Act.

Named as defendants are the province, three OPP officers and a special constable, along with unidentified officers and civilian employees.

The claim alleges an officer was involved in Schofield’s care immediately before and during the medical emergency; a sergeant was responsible for supervising prisoners at the Rockwood detachment on the morning of July 10; another sergeant took charge of the emergency response; and that a special constable was involved in monitoring him while in custody. The province is alleged to be vicariously liable.

Damages sought must be substantiated in court, and civil actions rarely make it to trial, with most either withdrawn or settled out of court.

Gaines, represented by Toronto lawyer Davin Charney, brought the suit on her own behalf and as a trustee for Schofield’s estate on the last day of a two-year limitation period.

Gaines said she held off on the lawsuit hoping a police complaint review and a freedom-of-information request for police records would move ahead.

Charney told the Advertiser he and his client continue being stonewalled two years later.

“This whole system is designed to keep people in the dark,” Charney said.

“You can’t get answers, you can’t get information ... this is one of the things that make these kinds of deaths so difficult and traumatic for families.”

Charney said the lawsuit may reveal new information through the discovery process, which can compel the defendants to produce records.

“I want answers,” Gaines said. “I want to know every detail of what happened to him in that cell. I want his children looked after.”

“This is indescribable what’s happened, six children without their dad – he was the rock.”