The dismissal of charges against HMP correctional officers in the death of an Inuk inmate won’t stop a civil lawsuit from proceeding.

The suit was filed a month ago by Jonathan Henoche’s two sisters, brother and grandmother.

33-year-old Henoche was in custody at the Pen when he died on November 6, 2019, which led to charges against 10 correctional officers, later reduced to nine. Those charges were dismissed on Friday.

In a statement to VOCM News, family lawyer Bob Buckingham says while a trial and guilty verdict would’ve made their case easier, it’s not essential for success.

“It just means we have to do all the heavy lifting with respect to the civil standard of proof on the elements of the claim we have filed,” he said.

The suit notes Henoche had been transferred to HMP for his own safety, while awaiting trial in Labrador for first-degree murder.

The lawsuit cites the province’s own 2018 review of deaths in custody to support its allegations of negligence, abuse of public office and breach of Charter rights, as well as discrimination on the basis Henoche was Indigenous.