Alleged gang leader won’t get free Boost in jail

If purported gang leader Nick Chan is going to get his daily Boost, he’s going to have to pay for it himself, a judge has ruled.

In a written decision, Justice Paul Jeffrey denied an application by Chan to have either Alberta Health Services or the Calgary Remand Centre pay for the meal supplement, vitamin D, calcium and multi-vitamins.

Chan argued the items are necessary to treat a condition called thalassemia, which causes fatigue, among other things.

While being housed at the Edmonton Remand Centre up to Jan. 8, 2016, Chan was being given the items for free as a prescription for treating his condition.

But after being transferred to Calgary, the items were no longer considered necessary to treat his thalassemia, Jeffrey noted.

“The items were discontinued because they are not prescription medications,” Jeffrey said in citing evidence from medical staff at the Calgary Remand Centre, who assessed Chan on his arrival.

Chan claimed the items helped alleviate his condition.

“Mr. Chan alleges that without these items, his health suffers; he further claims that when he was provided the items at the ERC, his health improved,” Jeffrey said.

“He put on weight and had the energy to exercise.”

But Jeffrey agreed with AHS that Chan would not suffer irreparable harm if he wasn’t provided the items for free.

“Mr. Chan has the funds to purchase similar items from the canteen if he wishes to do so,” he said, citing submissions from the health service’s lawyer.

“Therefore, it says, the issue is not one of Mr. Chan’s health but simply one of who will pay. In that sense, there is no irreparable harm.”

The judge added there was no medical evidence the items were necessary to treat Chan.

“Just because Mr. Chan thinks the items (are) helpful does not mean they are medically necessary or even medically advisable,” Jeffrey said.

“In the opinions of the medical professionals who assessed Mr. Chan’s prescription upon his transfer to the CRC, the items are not medically warranted for Mr. Chan’s condition.”

Chan is scheduled to stand trial for first-degree murder next spring in the August 2008 death of Kevin Anaya.