The province is denying any wrongdoing in the wrongful death lawsuit brought by the family of Jonathan Henoche.

33-year-old Henoche was an inmate at Her Majesty’s Penitentiary when he died after an altercation with guards on November 6, 2019.

Charges against the nine guards, including manslaughter and criminal negligence causing death, were dismissed just before Christmas. But Henoche’s family is proceeding with the civil suit, alleging negligence, abuse of public office and breach of Charter rights, as well as discrimination because Henoche was Indigenous.

The family’s lawyer, Bob Buckingham, says it will provide the first opportunity to question the guards about what happened.

He says that’s something that hasn’t happened to date, noting he plans to “interrogate” them about their involvement in Henoche’s death, which will be recorded under oath, but not in open court.

The criminal charges were dismissed following the preliminary inquiry which saw key evidence from the province’s chief medical examiner thrown out.

The Crown could still proceed right to trial by direct indictment, which must be approved by the Attorney General.