National Post (National Edition)
Nursing home asks for inquiry delay
CHSLD in Dorval May end up facing criminal charge
MONTREAL • The coroner heading the public inquiry into the deaths at Quebec's long-term care centres last spring will decide Tuesday whether it is postponed or moves ahead as scheduled.
The sweeping inquiry will look into deaths at several long-term care centres across the province, but its main focus will be those that occurred at the Résidence Herron CHSLD in Dorval last spring during the COVID-19 pandemic.
As it began Monday, coroner Géhane Kamel was presented with a request by the Herron's owners and administrators arguing the inquiry needs to be postponed.
The request was filed on behalf of the centre's co-owner, Samantha Chowieri, and its director, Andrei Sabin Stanica. It seeks to have the portion of the inquiry on the Herron pushed back until prosecutors decide whether they will face criminal charges.
If the postponement is not granted, they are also seeking to have any testimony related to the Herron placed under a publication ban. They argue it's necessary given the evidence presented during the inquiry could influence an eventual jury if charges are laid.
After hearing arguments Monday, Kamel said she will rule on the request Tuesday morning. She said she understands it's an “extremely important” decision for the families, the public and the Herron's owners.
A lawyer representing the families objected to the request, arguing families have been waiting nearly a year for the inquiry in hopes that it might finally bring them some answers.
Lawyer Marc-André Nadon, representing several media organizations, also argued public interest dictates the inquiry should proceed as planned. He noted the Herron's owners are not facing any charges at the moment and it's not yet known if or when they will.
Nadon also questioned whether the inquiry could even help the Herron's case, by allowing its owners to explain what happened and add some nuance to what went wrong.
A lawyer representing Quebec's office of criminal prosecutions couldn't say when it plans to announce its decision on any possible charges, but agreed the inquiry should proceed.
Earlier, in her opening statement, Kamel said the inquiry's goal is not to
WILL LOOK INTO DEATHS THAT OCCURRED IN THE HOMES.
determine criminal or civil responsibility, but rather to explore the circumstances of each death.
The inquiry will look into deaths that occurred in the homes between March 12 and May 1 of last year, including 47 at the Herron CHSLD. After the portion on the Herron, it will focus on deaths at other centres, including Montreal's CHSLD Yvon-Brunet and Laval's CHSLD Ste-Dorothée.
Kamel said she knows the proceedings will be emotional for families and asked everyone to be respectful, noting the “indecent or inhumane” conditions surrounding the deaths can factor into the inquiry.
As of last week, Quebec had recorded 10,046 deaths from COVID-19 — 52 per cent of those deaths were people who lived in CHSLDs.