Tracy Sims, the mother of Samantha Sims-Somerville, has spent the last three years fighting for justice, knowing in her heart that the death of her 18-year-old daughter to a toxic combination of alcohol and drugs at a Victoria residence was no accident. 

With new evidence coming to light, the B.C. Coroners Service has reclassified the death a homicide after the investigation was reopened in March.

"I always knew it was a homicide," said Sims. "So, when it came back I was in real shock, laughing and crying at the same time feeling relief that my daughter's name was in the clear now."

The Coroners Service initially closed the investigation in January of 2024, but reopened it due to new information that was not available during the original investigation, according to the report. The follow-up investigation revealed evidence that Samantha and her friend were intentionally provided an unregulated substance of gamma hydroxybutyrate (GHB) at a Victoria residence without their knowledge, by one or more individuals present on the night of April 9, 2021, the coroner said in its updated report. GHB is known to cause respiratory suppression and failure. At nearly 3 a.m. that night, emergency services were called because Samantha and her friend were unresponsive, which prompted concern from bystanders.

Fire department personnel and B.C. Emergency Services paramedics were quick to arrive at the house party, where they began efforts to resuscitate both Samantha and her friend. According to the report, police arrived at the residence moments later as fire personnel and paramedics continued with life saving measures while transporting both girls to the Royal Jubilee Hospital.

"Walking into the hospital I knew what had happened to my daughter, she had bruises," said Sims tearing up. "I believe she was sexually assaulted and have many reasons for that. I started fighting the next day — it wasn't when the police shut the case — I was gathering evidence, people were sending me information and I was following up on that literally the day that Samantha passed."

Sims-Somerville underwent a CT scan at the hospital that showed signs of severe anoxic brain injury. Her condition continued to deteriorate, and Sims-Somerville died at 7:30 p.m. on April 10, 2021, while her friend survived after intensive medical treatment. Sims was alone when she watched her daughter die.

"I just lost my daughter and I was in shock," said Sims. "They didn't interview me, or ask about her whereabouts or if she had a history with drugs. I had to beg for a meeting and was constantly sending information, but was being ignored."

After doing her own deep dive into GHB Sims found out that 50 per cent of its potency is metabolized out of the body within 30 to 40 minutes. She was told by doctors at the hospital that it would be very hard to detect GHB, but it was still found in her system post mortem and she believes her daughter must have been administered a large amount around midnight, as her blood alcohol level came back less than the legal limit.

Sims wrote to the Victoria Regional Crown to inquire if criminal charges would be approved in the death of her daughter and received a reply earlier this month on Nov. 5. The Victoria Police department issued an email statement saying they provided all of their evidence to the Crown counsel as the investigation was ongoing, and the Crown made the decision not to pursue charges. 

"At this time it is too early to determine whether there will be any further action on this file," noted the statement.

"For three and a half years I have dedicated my life to getting the truth out there, and now it looks like nothing is going to be done," said Sims. "Some days I feel my job is done and I physically and emotionally can't do any more, and then other days I feel like there are other victims out there petrified to come forward, and I have to see this through; I want everybody who was involved in this to be held accountable. My head is saying you have her truth, she is innocent, but my heart and conscience is telling me that I just can't let this go."

Even though the coroner has ruled the death a homicide, the Coroners' spokesperson has said that the term homicide is neutral and does not imply fault or blame as investigations from the office are "fact-finding, not fault-finding." 

One of the things Sims felt most frustrated about was not having access to the possessions Samantha had with her that night. This included her phone, which was wiped clean, something she could not understand as she said Samantha was less about social media and more of an old soul who loved nature, taking Polaroid photos. Sims describes Samantha as a beautiful non-confrontational soul who gave everyone the benefit of the doubt and was a writer, singer, and poet.

Unable to find peace in Victoria after her daughter's death, Sims moved to the community of Lake Cowichan where she has found supports and some tranquility. It was Samantha's love for trees and nature that was an inspiration for the serene and peaceful spot by the water on Lake Cowichan's North Shore Road where Sims was given permission by the Ts'uubaa-asatx First Nation to place a bench to honour her daughter on their land. Sims paid for the bench that has an engraved poem she wrote to honour her daughter. She credits Ts'uubaa-asatx councillor Melanie Livingston for her assistance with having it ready for Samantha's birthday on Oct. 9 of this year.

"How I came about this bench is that I went through her desk six months ago, and I found this beautiful picture of a tree that I had kept from when she was seven, so I laminated it, and then back in June I had found this card that was all about trees. The words were so comforting and they spoke to Samantha's chill spirit, plus I had also found Polaroids she had taken of trees, so when I came across this spot I know this was where her bench had to be."

Sims said there will soon be two planters coming with #Justice4Sammy on one, and #Sammystruth on the other. There will be a QR code which will let people know who Samantha was through her photos and videos of her singing. 

"I hope they take the time to look and know her name, and when they click on the QR codes they see what a beautiful soul she was and that they will remember her," said Sims. "I just want her legacy to go on because she had so much more to do." 

—With files from Black Press