Specialized Prosecutions
Coroner's Inquest Lawyer in Canada
A coroner's inquest lawyer acts in proceedings governed by Provincial coroners and fatality inquiry legislation, such as Ontario's Coroners Act. This page sets out what the proceeding involves, the legal test that applies, the outcomes a court can order and how counsel can help, then lists criminal defence firms you can contact.
Provincial coroners and fatality inquiry legislation, such as Ontario's Coroners Act·Criminal procedure
What Coroner's Inquests involve in Canadian criminal procedure
A coroner's inquest is a public inquiry into a death, conducted under provincial legislation such as Ontario's Coroners Act or the fatality inquiry statutes in the western provinces. It is not a criminal trial and it does not determine criminal or civil liability.
A five-person jury answers five questions: who the deceased was, and where, when, by what means and by what medical cause the death occurred. The jury may also make recommendations aimed at preventing similar deaths, and those recommendations frequently drive changes in policing, health care and workplace safety practice.
Inquests are mandatory in defined circumstances, typically including deaths in custody and certain workplace fatalities. Parties with a substantial and direct interest can apply for standing, which allows them to call and cross-examine witnesses and to propose recommendations.
The legal test
- A death that falls within the mandatory or discretionary inquest provisions of the governing statute
- An application for standing by a party with a substantial and direct interest
- Disclosure of the coroner's brief to parties with standing
- Evidence called before the coroner and the jury
- Jury answers to the five statutory questions, plus any recommendations
Possible outcomes
- No finding of legal responsibility, as inquest juries are prohibited from making findings of legal liability
- Public findings and recommendations that can attract significant attention
- Evidence and transcripts that may be used in related civil, regulatory or disciplinary proceedings
- Institutional recommendations requiring changes to policies and training
- Reputational consequences for individuals and organisations involved
How counsel can help
- Applying early for standing so that the party can participate fully
- Reviewing the coroner's brief carefully and identifying gaps in the investigation
- Objecting to questions that invite findings of legal responsibility
- Protecting a witness's right against self-incrimination under section 13 of the Charter and provincial evidence legislation
- Proposing constructive recommendations that address the systemic issue
- Coordinating with counsel in any parallel criminal, civil or regulatory proceeding
Coroner's inquest lawyer: frequently asked questions
- Can an inquest jury find someone at fault?
- No. Coroners legislation expressly prohibits an inquest jury from making any finding of legal responsibility or expressing a conclusion of law. The jury answers the five factual questions and may make preventive recommendations.
- Do I need a lawyer at an inquest?
- If you have standing, or if you are a witness whose conduct may be examined, counsel is strongly advisable. Inquest evidence can be used in related civil, disciplinary and regulatory proceedings, and the protections available to a witness need to be asserted properly.
- Are inquest recommendations binding?
- No. Recommendations are not enforceable, but institutions are generally asked to respond publicly to them, and they have historically produced significant changes in police, correctional and health care practice.
Find a coroner's inquest lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Coroner's Inquests among their practice areas. Featured listings appear first.
Coroner's Inquests lawyers by province