In 2017, the 55-year-old Echuca grandmother tragically died after being arrested on a V/Line train.
Left unattended in a holding cell at Castlemaine police station, she fell and hit her head at least five times, causing traumatic brain injuries which led to her death.
A Victorian coroner found the police officers had failed to adequately check on Ms Day’s health, welfare, safety and security.
Ms Day’s children Belinda Day, Warren Day, Apryl Day and Kimberly Watson tirelessly campaigned for justice for their mother and were recognised with Liberty Victoria’s 2021 Voltaire Human Rights Award in an online webinar on Thursday, July 29.
Thirty years after it was recommended by the Royal Commission into Aboriginal Deaths in Custody, Liberty Victoria president Julia Kretzenbacher said Tanya Day’s children were “instrumental in the abolishment of the public drunkenness law in Victoria”.
“They have highlighted how this disproportionately affects First Nations people and their calls for public drunkenness laws to be replaced by a more compassionate public health response is in the process of being realised,” she said.
“The family’s sacrifice and effort at a time of great personal grief and their ongoing public advocacy to seek justice in relation to Tanya’s death has resulted in a community-wide benefit.”
Accepting the award on behalf of her siblings, Apryl Day said her mum would be proud of what they had achieved.
“We’re only here because of tragic circumstances,” Apryl said.
“No one should have to experience what our family has or what close to 500 other Aboriginal families have experienced since the Royal Commission.
“Public intoxication was one of those recommendations and our uncle Harrison Day also died in police custody after being arrested for an unpaid $10 fine for public drunkenness.”
Apryl said it was a “bittersweet moment” when the Victorian Government committed to abolishing the law.
“The circumstances around (Ms Day’s) death in 2017 are obviously extremely traumatic for us as a family,” she said.
“No one should be treated the way our mother was and have their basic human rights denied and their life taken due to being racially profiled.
“We found that racism and unconscious bias was deeply embedded in the interactions our mum faced that day.
“Her case highlighted, that even today in 2021, our people are still facing horrific and preventable deaths due to those in power ignoring the systemic racism that is embedded within their systems that they still benefit from.”
This year Apryl Day launched the Dhadjowa Foundation, an independent organisation established to support and advocate for families like hers whose loved ones have died in custody.
“We thank our mum Tanya Day for imbedding strength, pride and resilience within us,” Apryl said.
“We are a reflection of our mum and we will forever be proud of her.”
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