As the foreperson read out the word “undetermined,” cheers erupted in the inquest room at Regina’s Royal Hotel, followed quickly by a swell of tears.
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A little over nine years ago, a mother spent an afternoon enduring the first hours of grief.
She’d found her 14-year-old son, Haven Dubois, unresponsive in an east Regina Creek on May 20, 2015. Doctors tried until 1:29 p.m., but their efforts couldn’t bring the boy back.
By the time the evening news came on, Richelle Dubois heard her son’s death was being called an accidental drowning. A subsequent coroner’s report said the same.
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On Wednesday, the last witness to testify at an inquest into Haven’s death was the primary police investigator, who maintained that the evidence supported that conclusion.
And Richelle spent yet another afternoon with the events of that fateful day on her mind, this time waiting as a jury considered the evidence at hand.
After hearing from civilian witnesses, police and doctors, the jury deliberated for roughly four hours before delivering a verdict. They too could’ve concluded the death was accidental, but they did not, instead classifying the manner of death as “undetermined.”
At roughly 6:30 p.m., as the foreperson read out that word — undetermined — cheers erupted in the inquest room at Regina’s Royal Hotel, followed quickly by a swell of tears.
“God bless you all,” Richelle directed at jurors.
The jury’s conclusion about the manner of death was, at least to Haven’s family, the most important of their findings.
They also concluded his cause of death was drowning, and decided the time of death should align with when doctors stopped trying to revive the boy.
No recommendations were read aloud, if any were made.
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Over the course of the three-day inquest, the jury heard an incomplete story that featured conflicting testimony.
The inquest offered some information about the date in question. Jury members heard that, on the morning of the day he died, Haven was meant to be on a school field trip to a career fair in a Regina suburb. However, several witnesses testified he was not on the field trip, but in a car with them and others, smoking marijuana.
One witness testified that Haven “flipped out” after taking the drug, while another denied seeing the boy do anything strange.
A third person, who did not testify, told police at the time that Haven was “tripping” afterward — rolling around on the ground and jumping. That person told officers he accompanied Haven to a bench by the creek before leaving him there briefly. When he returned, Haven was gone but some clothing items were left behind, the boy told the interviewing officer.
Haven’s blood later tested positive for trace amounts of the active chemical in marijuana.
A pathologist testified that the “likely” cause of death was drowning, as he was found in water. He also mentioned an “association” with marijuana and testified that the drug’s effect on people is variable, with even small amounts of the drug having the potential to cause “irrational behaviour” or a panic attack.
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However, a toxicologist who tested the blood testified that the levels of the drug found likely wouldn’t be enough to cause “any particular adverse effects.”
Richelle had testified her son was a great swimmer.
Police witnesses were questioned about their investigation and potential deficiencies, including who they interviewed and when. The officers were also asked for their perspective on whether certain occurrences or statements warranted suspicion or further investigation.
This included multiple contradictory statements by the boy who was said to have accompanied Haven to the bench by the creek. Police witnesses also addressed the sighting of a message in chalk scrawled on a path nearby that said “I killed Haven.”
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The Regina Police Service’s (RPS) Major Crimes Unit did not become involved in the case until January 2016 — the same month a formal statement was taken from Richelle, and eight months after Haven’s death. The primary investigator acknowledged that Richelle’s statement was not taken by police within a reasonable timeline. However, she testified that there was no evidence of foul play involving Haven’s death.
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The officer also told the Dubois family’s lawyer, Mark Ebert, that she does not believe any RPS investigation is ever 100-per-cent closed and the force looks into any information brought forward about Haven’s case.
“I know the system, and I don’t expect a lot from it,” Richelle said following the verdict.
“I wasn’t expecting the moon, the stars.”
However, she did say that changing the manner of death to undetermined “takes out that accidental piece.” Richelle added that the inquest has shown “our system is broken,” but called the jury’s finding about the manner of death a win for her.
“I knew in my heart,” she said, patting her chest. “Faith.”
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