STAFF REPORT
December 20, 1999
To: Administration Committee
From: H.W.O. Doyle, City Solicitor
Subject: Inquest into the death of Kenneth Allen
Purpose:
The purpose of this report is to report the results of an Inquest into the death of Kenneth Allen held from September -
December, 1999.
Financial Implications and Impact Statement:
There are no municipal costs associated with the matter.
Recommendations:
It is recommended that:
(1) this report be received as information; and
(2) this report be forwarded to the Community Services Committee.
Background:
By the adoption, at its meeting on March 2, 3 and 4, 1999, of Clause No. 19 of Report No. 2 of the Corporate Services
Committee, Council authorized the City Solicitor to represent the City of Toronto and four paramedics at the Inquest into
the death of Kenneth Allen.
Mr. Allen died in police custody on November 30, 1991. Prior to the commencement of the inquest, lawyers for several of
the parties with standing chose to reserve their right to question the paramedic care of Mr. Allen, especially since the cause
of death of Mr. Allen was a matter of medical controversy, i.e. whether he died from cocaine toxicity or asphyxia due to
compression of the neck by a nightstick or both. Mr. Allen had 2 and possibly 3 fractures in the throat area, including a
fracture of the hyoid bone.
Comments:
The Inquest took about 45 days from September to December 17, 1999. The jury found that the primary cause of death was
asphyxia due to the external application of mechanical force while Mr. Allen was in a state of cocaine toxicity.
The paramedics were unable to initiate CPR as soon as they would have liked because the police had trouble locating a key
to remove the handcuffs from Mr. Allen. The jury made a recommendation directed to the police to require them to carry
handcuff keys at all times.
It was apparent from the evidence that the paramedics responded quickly and treated Mr. Allen appropriately. There were
no recommendations directed to the City of Toronto or to the paramedics.
Conclusions:
It is recommended that:
(1) this report be received as information; and
(2) this report be forwarded to the Community Services Committee.
Contact:
Jane Egan
Solicitor, Legal Services
Phone: 392-8703
Fax: 392-3841
e-mail address: jegan@toronto.ca
H.W.O. Doyle
City Solicitor
List of Attachments:
Copy of the Jury Verdict