British Columbia's coroners service may have declined to conduct an inquiry into the passing homeless man Darrell Mickasko, who burned to death while trying to keep warm on the streets of Vancouver. But, on April 14, 2009, the service did file a report on that death, which is now the subject of a lawsuit launched by Pivot Legal Society on behalf of his common law partner Pamela Erickson. It makes for harrowing reading.
According to the report, which was obtained by Public Eye and hitherto uncovered by the media, at the time of his death Mr. Mickasko, 47, had been homeless for many months, living off social assistance payments.
From time to time, he and Ms. Erickson briefly stayed in homeless shelters. But it wasn't their preference because "shelter rules restricted their sleeping accommodations and afforded little, if any, privacy."
His physician and probation officer said Mr. Mickasko - who had a history of illicit drug use - also declined their offers to help him establish a permanent residence.
Instead, he and Ms. Erickson lived in "an alcove in a public alleyway, using a dumpster and makeshift plywood door for privacy and sleeping bags and a gas-powered camping stove for warmth."
And that's where he died, in the early morning hours of January 31, 2008.
Ms. Erickson's writ alleges they were there because the two of them had been turned away from the Lookout North emergency shelter because there was no room.
While in the alcove, the coroner's report states Mr. Mickasko "attempted to fill their stove with gas while it was already lit."
"The gas ignited and quick spread to their sleeping bags and belongings," the report continues. "Mr. Mickasko was unable to get the plywood door open quickly and the two became engulfed in flames."
He and Ms. Erickson were subsequently transported to Vancouver Hospital, where Mr. Mickasko died from severe burns to 95 percent of his body.
Cocaine and methadone levels "consistent with intoxication" were detected Mr. Mickasko's body at the time of his death.
The coroners report states this intoxication is "considered to have contributed to the cause of the fire and is therefore an underlying contributor to death."
Ms. Eickson's writ of summons claims the federal government breached its duty of care and Mr. Mickasko by allegedly failing to ensure there was emergency shelter space available for both them.
Ms. Erickson further claims that, by failing to ensure such shelter, the government violated their constitutional rights under sections seven and 12 of the Charter of Rights and Freedoms - specifically the right to life, liberty and security of person, as well as the right not to be subject to cruel and unusual treatment.
As a result, Ms. Erickson - who suffered burns to 30 percent of her body - is looking for damages from the government for her injuries and Mr. Mickasko's death, as well as a declaration that the homeless have a right to emergency shelter and the government has a duty to provide it.
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