Family seeks answers regarding jail death in Sudbury

Hamilton Spectator

21-05-2025

At 7:30 p.m. on Feb. 11, 2022, Linda Mayhew spoke to her son, Jessie, on the phone. He was calling from the Sudbury Jail, where he was being held while awaiting a hearing date.
'He asked for $200 to be e-transferred to a certain bank account to get high,' said Linda. 'He said that he needed the money because the deal was done and if he didn't pay, he would be beat up.'
Three hours later, Linda's phone rang again — this time from Health Sciences North. Jessie had been found unresponsive in a cell. He was in critical condition.
By the time Linda and her husband, Jody, arrived at the hospital, their 27-year-old son was gone.
Jessie had been incarcerated for allegedly violating a no-contact order. He was also facing a pending assault charge — one his parents believed would likely be dropped.
His death, later confirmed as a fentanyl overdose, will trigger a mandatory coroner's inquest. A date has not yet been set. In the meantime, the shock has settled into a heavy grief — and a growing list of unanswered questions.
Linda and Jody want to know how their son obtained drugs while in custody — and how his medical distress and subsequent death were handled by authorities.
'Jessie loved life, and he was always laughing and there for his family and friends when they needed anything,' said Linda. 'Both our sons lived at home, and we did everything together as a family.'
Jessie's death is yet another reminder of the dangerous conditions inside Ontario's provincial jails. Overcrowded, understaffed, infested with rodents and drugs, the Sudbury Jail is widely seen as representative of a correctional system many say is in crisis. It's a setting that undermines, rather than supports, rehabilitation.
High rate of OD deaths
Conditions at the Sudbury Jail — and across Ontario's prison system — are deplorable. There are a record number of people dying in Ontario jails – with 46 deaths last year alone. Eight deaths have occurred in the Sudbury jail in the last five years, including those from natural causes, according to data obtained by The Sudbury Star from the Solicitor General of Ontario.
Those who have experienced incarceration are also more likely to die of opioid toxicity; specifically, experts say people in Ontario jails are about 30 times more likely to die of opioid toxicity than those who are in the community.
Critics say that overcrowding, decaying infrastructure, rodent infestations and inadequate access to health care have made these facilities unsafe and unfit for basic human dignity. Ultimately, they say the system is failing both those inside and the communities they return to.
The Ontario Ombudsman's 2023–24 Annual Report, released in June 2024, highlighted serious concerns about conditions in Ontario's correctional facilities, including the Sudbury Jail.
Inmates held at the Sudbury Jail and other Ontario correctional facilities often seek enhanced credit for pre-sentence custody due to the harsh and deteriorating conditions they endure while awaiting trial and sentencing. (About 90 per cent of people incarcerated in the Sudbury Jail are either awaiting trial or sentencing.)
In 2016, Justice Robbie Gordon visited the Sudbury jail to prepare for sentencing in a case where a man was found guilty of sexual assault involving a minor. The man's lawyer had requested a reduced sentence due to the conditions the client was subject to while incarcerated. Complaints were related to mice infestation, mold, poor air quality, frequent lockdowns, extended time in segregation and extended wait times for medical and dental attention.
In her sentencing report, Justice Gordon indicated that while 'time in jail cannot be expected to be a walk in the park,' she awarded the man an additional nine-month custody credit.
Critics and those with lived experience say not much has changed since Gordon's visit and damning sentencing report – and despite a $10 million upgrade to the aging building.
There have been numerous subsequent cases where defence counsel has requested less sentencing time due to the conditions in the institution. In some cases, those requests were granted. Last fall, Awale Abdi, who was facing a long list of criminal charges, from impaired driving to shooting up a motorcycle clubhouse and intimate partner violence, received a jail credit for his experience behind bars in Sudbury.
At the time, The Sudbury Star reported he had to wait a month for diabetes medication and went without his glasses for six months. His health reportedly suffered due to rampant mice and 'because he was in a cell next to a shower whose curtain changed every two weeks due to mold.' In addition, the man received little yard time — time spent outdoors — because of constant lockdowns due to understaffing.
Johnathon Bois, 25 was released from the Sudbury jail in January 2025 after serving seven months for stealing a vehicle. He stayed with two other men in a cell – two shared a bunk, one slept on a mattress on the floor, he said in an interview recently. He said mice scampered around all the time and he hardly saw the outdoors because of reoccurring lockdowns due to understaffing.
'Out of seven months, we probably got outside maybe 10 times,' he told the Sudbury Star. Family visits would often be cancelled at the last minute, too, because of the lack of staff to supervise. Bois said he became depressed.
'It was frustrating because I looked forward to their visits,' he said.
Frequent lockdowns
According to data obtained from The Star, nine full institutional lockdowns have taken place over the last three months at the Sudbury Jail. Lockdowns can occur for numerous reasons, for security reasons due to violence, infectious disease or understaffing.
The Sudbury Star attempted to reach OPSEU, the union representing correctional officers and staff within the Sudbury and other provincial jails, however. The union did not respond. OPSEU is currently in negotiations with the province for a collective agreement covering the correctional bargaining unit. Priorities include better mental health support for staff and fair terms of employment.
The Sudbury Star issued a public call on social media seeking individuals willing to share their lived experience in jail. The response was significant, with numerous people coming forward, the majority of whom requested to remain anonymous.
'Things happen to inmates who speak out,' explained one man.
That man who said he's been 'in and out of there' for years, was concerned over the quality of water.
'The water that comes through the taps into the cells is terrible,' he said. 'The guys in there do this thing to create a makeshift fridge to keep things cool in the sink and with cold water they tie a rag into the faucet, so it doesn't splash. That rag turns brown to black in a few days.'
Another man told The Sudbury Star that during his sentence in 2024, overcrowding was at its worst, with four men to a cell. Cells in the Sudbury jail are designed to hold two people.
Despite the conditions 'the employees are fair, but understaffed,' he said.
'The first six days I was injured with no painkillers or antibiotics … The nurse prioritizes opioid withdrawals with methadone and suboxone twice daily to inmates. But some use suboxone as a stimulant, as an inhalant. In fact, I was attacked while on the phone by someone high on suboxone and thrown into maximum security due to overcrowding and kept there for four months.'
A few women who spent time in the Sudbury jail spoke about the positive changes made internally to support inmates with substance misuse disorders. One woman became sober with the help of a rehab worker she met while incarcerated. At the same time, she said it is more difficult for women to access drugs inside than it was for the male population.
The majority, if not all respondents commented on the rodent infestation.
'The mice come out at night after lockup, said one person. 'They run all over the ranges and into the cells and even climb all over sleeping inmates. You have to make sure all your canteen confectionary goods are off the floor, not easily accessible or kept sealed.'
Overcrowding, infestations
These concerns are echoed not only by inmates but also by those working closely with them. Michael Haraschuk, a criminal lawyer in Sudbury and a partner at Weaver Simmons LLP, said his colleagues and their clients continue to comment and complain about overcrowding, frequent lockdowns and lack of yard time at the Sudbury Jail.
Haraschuk is also an active member of the Criminal Lawyers Association, Law Society of Ontario and The Sudbury District Law Association.
Referencing Justice Gordon's 2016 sentencing report, which included her review of the institution's conditions, Haraschuk said four areas of concern remain: overcrowding, staff shortages leading to frequent lockdowns, general cleanliness (mice) and inadequate space and support for a marginalized and diverse community. Some of these concerns can be related to an antiquated facility, built around 1928, and an antiquated system that has not kept up with an evolving society, he said.
Haraschuk's observations are shared by others working within the justice and support system. Sara-Jane Berghammer, CEO of the John Howard Society of Sudbury, an organization that provides programs and services to support more than 3,500 youth and adults annually who are affected by the criminal justice system in Sudbury, agrees — and has more to say on the matter.
The organization operates a library program where books are distributed to the jail population, offering insight into the conditions within the institution. The board also visits the jail once a year where members can ask questions. At last year's visit, Berghammer said there were signs of improvement, like the installation of defibrillators throughout the building and renovations to the yard.
However, based on visits and client testimony, issues like overcrowding and staffing shortages that lead to lockdown and reduced yard time remain. Berghammer agreed that quadruple bunking can also occur – with people sleeping near the toilet, shower and other areas not designated for people. Such conditions are not conducive to rehabilitation, she said.
'It makes people even more angry,' she explained. 'And for people struggling with mental health, that contributes to being degraded and feeling like they're not worth anything. It doesn't encourage people to do better.'
Despite ongoing discussions at both the federal and provincial levels about reforming the criminal justice system — often focused on implementing harsher sentences and tightening bail conditions — Berghammer emphasized that these measures fail to address the root issues. Conditions inside facilities like the Sudbury Jail and the lack of meaningful rehabilitation opportunities are being overlooked, leaving individuals without the support needed to break the cycle of incarceration.
'If people really knew what it was like inside, they wouldn't be asking why they re-offend,' she said. 'We wouldn't be treating them like third-class citizens.'
She explained that yes, more space is needed due to overcrowding, but emphasized the importance of investing in alternative services that help prevent incarceration—such as proper community supervision — which are more cost-effective and less traumatic for individuals. Because, most experts agree, that individuals who experience incarceration have also experienced trauma in their life.
'We often compare the Sudbury Jail to a psychiatric hospital,' said Berghammer. 'Most people in there have issues with mental health. Everyone is taking some sort of medication, even if just an anti-depressant. Everyone is medicated.'
Inmates 'being set up to fail'
Cory Roslyn, executive director of the Elizabeth Fry Society of Northeastern Ontario, an organization that supports women and gender diverse people in the criminal justice system, agrees with Berghammer. Rosyln understands that access to primary care, including mental health support, is challenging in the community; however, it is even more so for those incarcerated.
'They are often experiencing serious health issues, and they often go unaddressed, or they are waiting for long periods of time, so they don't know if they are being placed on a wait list of their requests are being denied,' she said. 'That of course exacerbates the mental health issues.'
Roslyn said there's often no communication between the client's primary health-care provider and care provided within the institution, which delays access to medication and prescriptions. It often takes a friend or family member to advocate for that continuum of care, she said.
'Many, many people, the vast majority of people, have not been convicted of their crimes and are sitting and languishing for months if not years, depending on the seriousness of the charge, when they have not been convicted, have difficulty accessing programming and maintaining support during that time period,' said Roslyn. For women, that means losing custody of their children, losing their housing and job while sitting on remand.
Additionally, the lack of affordable and transitional housing is having a detrimental effect on rehabilitation, both Berghammer and Roslyn explained. Many people are returning to the same conditions they experienced before and the community is 'expecting a different outcome,' said Roslyn. 'The proportion of people being released into homelessness is astonishing. It's the highest it's ever been. It's very difficult for someone who is incarcerated, being returned to the community, and then expected to succeed. They are being set up to fail.'
The criminal justice system isn't in need of policy tweaks, but a full-scale transformation, said Berghammer and Roslyn.
'Incarceration is an inherently violent environment,' said Roslyn. 'It is not conducive to healing, it is not conducive to learning. If we want to create an environment where people can recover the trauma they experienced in their life, jail is not the place to do that. Even though you have providers who do a lot to make a positive impact, it does have a positive impact, we could do so much better. When you have three people to a cell and staffing in an institution where people end up being in lockdown, that is a very difficult environment to make positive changes in your life.'
Berghammer said that it's time for the country to explore alternatives to incarceration.
'For those who have mental health and addiction issues, we need more support in the community. We need a treatment centre — we still don't have a men's in-patient treatment facility in our community. We need more services. People can't sit on waiting lists indefinitely. There's no hope. We need housing. We need a lot. But it's far more cost effective to have more programs and services that have someone in custody.'
It costs Canadian taxpayers over $126,000 a year — per person — to keep someone locked up, according to the most recent data from Correctional Service of Canada.
Facility is getting upgrades
The Sudbury Star contacted the Solicitor General of Ontario with a series of questions pertaining to the conditions at the Sudbury Jail, the multi-million-dollar renovations that have been taking place there over the last few years and how the government is addressing drug use in institutions. Ryan Whealy, spokesperson for Michael Kerzner, the Solicitor General of Ontario responded with an email statement.
'Through our government's repair and renewal program, we are making record investments to update infrastructure and improve safety at correctional facilities across the province,' he said. 'This includes our $500 million investment to transform correctional facilities across the province by modernizing outdated infrastructure to address overcrowding and improve services by hiring 500 new staff to support inmates with needs like mental-health and addiction issues.'
Specifically, at the 111-bed Sudbury Jail, and with recent upgrades, two separate recreational yards were added, along with the replacement of 16 cell doors to improve visibility.
'There is currently a study underway to support a roof enclosure system for the interior yards, with construction to follow based on its recommendations,' said Whealy.
Additional projects for the Sudbury Jail include new secure-area flooring, sanitary pipe replacements and mould remediation to address and prevent water damage.
When asked about the process to access medical care while incarcerated, and how many nurses, doctors and psychiatrists are on available in Sudbury, Whealy explained 'to ensure the safety and security of both correctional staff and inmates, all inmates are assessed upon admittance to the institution to determine how their individual circumstances and needs may be met.'
When an inmate is admitted to jail, members of the health-care team conduct a medical intake and identify all pre-existing medical conditions and prescription medications. 'Institutional physicians will follow up with an inmate's community physician, if required, to obtain information that helps guide appropriate treatment,' Whealy said.
'In addition, there are policies and procedures in place for responding to situations where an inmate is in medical distress or requires hospitalization. The ministry also partners with various health and social service agencies to support a continuum of care, ensure appropriate services are in place to address individuals presenting mental-health needs, and to provide programs and services while individuals are in custody, and to assist them to continue accessing supports when they are discharged.'
When asked to address the question about the record number of inmates overdosing in Ontario jails, including Sudbury, Whealy referenced the government's Contraband Strategy and Action Plan, the use of ion scanners to detect and identify trace elements of drugs, other instruments to detect and locate contraband cellphones and enhanced screening and searches of people entering the secure area of an institution, including staff, professional and public visitors, and outside contractors.
Whealy said there are also plans to pilot drone detection systems to prevent the delivery of contraband onto institution property.
'These initiatives are in addition to other existing technology and tactics, such as body scanners, metal detectors, and canine units,' he said.
Whealy declined to answer questions regarding the current number of people incarcerated at the Sudbury's jail or the facility's capacity. The question of how marginalized and diverse inmates — such as trans individuals — are housed at the Sudbury Jail was also left unanswered.
Note: Justice Robbie Gordon's name has been corrected.
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