A judge is calling for a public inquiry into an Edmonton inmate’s death, saying it’s the only way to get to the bottom of three guards’ actions that day amid concerns they were running a prison “fight club.”
“A public inquiry may allow the commissioner to pierce the veil of prosecutorial discretion and garner information as to why Alberta Prosecution Services chose not to lay any charges (against the guards),” Justice Donna Groves said in her fatality report dated Jan. 31.
“If, after careful investigation, it is determined that (Correction Services of Canada) employees were involved in misconduct that led to (Mason) Montgrand’s death, then I am confident that appropriate measures will be taken.”
Groves was tasked with reviewing the circumstances around Montgrand’s death and making recommendations on how to prevent similar tragedies.
Montgrand was 21 years old when he was knifed to death inside his cell at the Edmonton Institution almost 14 years ago.
Groves’ fatality inquiry was held up until 2024 as multiple police and internal reviews of the case occurred. During that time, the Crown stayed a murder charge against Lance Regan, the inmate who killed Montgrand.
Groves noted that fatality inquiries are critical to determining what happened, but they also reassure the public that authorities are acting responsibly.
In Montgrand’s case, she said, “it is difficult to provide any meaningful recommendations” because crucial documents have not been made available or have arrived heavily redacted.
Based on the information she did receive, Groves determined Montgrand and Regan were members of rival gangs engaged in a blood feud.
They were housed in cells beside each other, with orders not to be around other inmates and certainly not each other.
Nevertheless, in the early evening on Aug. 16, 2011, they were both let out at the same time to go for showers.
When Montgrand got back to his cell, he found Regan there waiting for him.
There was a brief fight and Montgrand was fatally stabbed. The weapon was never found.
All kinds of questions were raised, including why they were out at the same time.
Two guards said the pair told them they wanted to spend time with one another, but there was no paperwork to back that up, as required.
Soon after, another inmate said he had heard that one of the three guards allegedly connected to Montgrand’s case “set up the fight” by telling Montgrand to attack Regan as payback for Regan assaulting a guard.
But the fight went sideways when it was Montgrand who ended up dead.
Montgrand was Dene, suffered from partial fetal alcohol syndrome and barely understood English.
Regan was charged with murder six days after the killing.
Groves said the Crown prosecutor who made the decision to stay the charge in 2016 against Regan declined, as per their right, to say why.
That decision was appealed but again stayed in 2018 due to significant delays in receiving disclosure records from Correctional Services Canada and staff turnover in the Alberta Justice Civil Litigation Division.
Simultaneously, the Edmonton Police Service began investigating Montgrand’s killing as part of a larger probe into a reported “prison fight club” at the Edmonton Institution.
Groves said documents showed some correctional officers and inmates believed there is a group of five or six officers “who misuse power and intimidate to get what they want” and were at “the core of every issue.”
The abuse of power took place over several years.
At the conclusion of the probe, police recommended charges against three guards in connection to Montgrand’s death, but a Crown prosecutor said there was not enough evidence to convict.
Police tried two more times to get that decision reversed, with the same result.
The Alberta government, in a statement, says it is reviewing Groves’s report and hasn’t decided if it will act on her recommendations.
“As part of our review, we are considering the recommendation to hold a public inquiry under the Public Inquiries Act,” Heather Jenkins, the minister of justice’s press secretary, said in an email.
In an email, Correctional Service Canada said it was carefully reviewing Groves’s findings and recommendations as well.
“Our thoughts are with the family and friends of Mason Montgrand at this time,” it said.
The service said changes have been made to promote and maintain inmate safety.
The inquiry notes that the three correctional workers Edmonton police believed were connected to Montgrand’s case are no longer working for the Edmonton Institution.
Edmonton police spokeswoman Carolin Maran said police were disappointed when the Crown decided not to charge the workers.
“When (the investigation) concluded, EPS was clear that pursuing charges was a worthwhile endeavor,” she said in an email statement.
“The team worked diligently to complete a fulsome investigation that supported these charges, and this information was made available to the Crown.”
She said the police service will cooperate if there’s a public inquiry.
“EPS will provide records that fit the scope of that inquiry, or as directed by the court,” she said.
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