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CBC
12-06-2025
- Business
- CBC
Judge rejects auditor general's bid to access Vitalité's internal audits on travel nurses
A New Brunswick judge has rejected the auditor general's bid to access Vitalité Health Network's internal audits of its controversial travel-nurse contracts. Auditor General Paul Martin sought a court order to compel the regional health authority to disclose the documents as part of his investigation into the management and use of private agency nurses by Vitalité, Horizon and the Department of Social Development between Jan. 1, 2022, and Feb. 29, 2024. But Court of King's Bench Chief Justice Tracey DeWare dismissed his application, saying she's not satisfied the Auditor General Act provides an explicit waiver of Vitalité's claims of litigation privilege or solicitor-client privilege. These privileges are "foundational to our legal system," DeWare wrote in her decision, dated June 2. "The Court can only endorse a legislative interpretation which abrogates these privileges in circumstances where the intention of the Legislature can be clearly discerned to have contemplated the scope of such an exceptional authority." Vitalité is entitled to costs of $2,000, she ruled. CBC News requested an interview with Martin, including whether he intends to appeal. In response, his office sent an emailed statement, saying he received notice of the dismissal last week and is "currently assessing the next steps." Vitalité did not immediately respond to a request for comment. In a scathing report last June, Martin concluded Vitalité spent $123 million in travel-nurse contracts dating back to 2022, when the regional health authority signed its first deal with Canadian Health Labs. The Ontario-based agency charged about $300 an hour per nurse — roughly six times what a local staff nurse earns. "The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin said at the time. As part of that audit, launched in March 2024, Martin requested "various information and documents" from Vitalité, including internal audit reports on the use of agency nurses. Internal audits were to probe 'irregularities' Vitalité refused to provide the internal audit reports. It had commissioned the audits after it "noticed irregularities in some of the services rendered by the agency nurses which were not in conformity with the terms set out in the governing contracts," according to DeWare's decision. No details are provided, but "in order to investigate potential deficiencies in the services rendered by the nursing agencies, [Vitalité] commissioned an internal audit of the performance of one of the contracts spanning the period between August 2022 and June 2023." Vitalité alleges these audits "confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies — Canadian Health Labs," DeWare wrote. The company has since launched three lawsuits against Vitalité for allegedly breaching three of its contracts — two expired and one still in force. It's seeking compensation, including punitive, aggravated and special damages. Vitalité has filed statements of defence, as well as counterclaims in all three cases. Martin argued act covers privileged information Martin applied to the court for an injunction on Oct. 9. "Under the Auditor General Act, I have rights of access to any information relating to the performance of my duties," he wrote in a sworn affidavit. This includes privileged information, he argued. Section 13 (a) of the act says the auditor general is entitled to "free access at all convenient times to information, including files, documents, records, agreements and contracts, despite that they may be confidential or private, that relates to the fulfilment of his or her responsibilities." According to Martin, changes the legislature made to that section in 2014, including the auditor general's ability to obtain "private and confidential" information, were specifically made to address this type of situation, DeWare wrote. Discussions surrounding the amendments demonstrate there was a clear desire to enhance the auditor general's authority to obtain necessary information, Martin argued. Vitalité says disclosure would prejudice litigation Vitalité countered that disclosure of the internal audit reports "would prejudice its ability to prosecute" the action against Canadian Health Labs, according to Deware, and that Section 13 (a) of the act "does not explicitly displace or supersede otherwise valid claims of litigation or solicitor-client privilege." If the New Brunswick Legislature had intended for the section to override litigation or solicitor-client privilege, it would have explicitly stated so in the statute, as it does in the Ombudsman Act, Vitalité argued. DeWare noted the Ontario Court of Appeal recently upheld a trial court decision that the Auditor General Act of that province, which, similar to New Brunswick's, does not contain a specific waiver of a valid privilege, "did not authorize access nor compel disclosure of privileged information." The Supreme Court of Canada also considered a similar issue when interpreting a section of Alberta's Freedom of Information and Protection of Privacy Act in 2016, said DeWare. The country's highest court ruled legislative language must be interpreted restrictively when determining if solicitor-client privilege may be set aside. Act not explicit, judge rules "While I appreciate the [auditor general's] argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents," DeWare said. She pointed out that with the 2014 amendments, the legislature didn't adopt the "explicit" language of Nova Scotia's Auditor General Act — "solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity." "The language of the Nova Scotia statute could not be any clearer." Section 13 (a) of the New Brunswick act "does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege," DeWare ruled.
CTV News
06-06-2025
- CTV News
Youth pleads guilty to manslaughter in fatal 2023 Regina shooting
Court of King's Bench in Regina can be seen in this file photo. (Gareth Dillistone / CTV News) A teenager, who cannot be named under the Youth Criminal Justice Act, has been sentenced in connection with a 2023 homicide in Regina. The youth, who was 15 years old at the time, pleaded guilty to manslaughter in the death of an 18-year-old man in December 2023, according to a Court of King's Bench decision dated May 29. He also pleaded guilty to three other summary offences relating to firearms and failing to abide by court-imposed conditions prior to the shooting. Regina police initially charged the youth with second degree murder in January 2024, shortly after he turned 16. The victim was found the afternoon of Dec. 21, 2023, on Retallack Street in Regina with a head wound. He was taken by ambulance to hospital with a gunshot wound and later pronounced dead, an autopsy later confirming the cause of death. The shooting took place before 2:30 p.m., but police weren't notified until around 4 p.m., when a civilian called in having believed the victim was suffering from an overdose. Court documents identify the victim as Gregory Severight, who had just turned 18 years old at the time of his death. Surveillance video from a nearby home captured what police believe was the sound of a gunshot and then shows a male, identified by police as the guilty youth, leaving the scene. According to one woman's testimony, the youth came to her friend's home a day or two after the homicide and said he 'took someone for a dirt nap', and that he 'put him to sleep forever.' She also testified that he told the group he had shot the person in the head. The youth had a gun and was asking for help to get rid of it, along with his clothing. She described the gun as a sawed-off .22 caliber shotgun with the barrel cut at an angle. According to her testimony, the items were taken and disposed of by members of a gang associated with the house. Court was also shown evidence from Regina police's Forensic Tech Crimes unit, who captured a number of Facebook posts from the youth, including one three days after the homicide that read, 'head shot, give a f*** if ya vest work,' among others. The posts resulted in the youth's arrest at the Paul Dojack Youth Centre. Police also seized the youth's cell phone, leading to further evidence that corroborated the woman's testimony that he was trying to get rid of a gun. '[The youth] therefore admits that on the afternoon of December 21, 2023, he had a gun and while not specifically searching for Mr. Severight on that day, [the youth] admits that he fired a shot in the direction of Mr. Severight, without the intention of injuring him. However, he struck Mr. Severight in the head, and caused his death,' the court decision said, going on to explain the admission was made with advice and assistance from legal counsel. The case is under a publication ban for the youth's name under the Youth Criminal Justice Act, as well as any information that could identify the youth, but does outline the circumstances of the young offender. It describes a difficult upbringing and the use of marijuana and alcohol to cope with his mother's violent death. At one point the youth was moved from Regina to Prince Albert over concerns he was apparently being targeted by a Regina-based gang, who had shot at houses he had been residing at. The youth said while his father knew he was in a gang, he did not realize how deeply involved he was. Court also heard he was under the influence of crystal meth at the time of the shooting. The additional details relating to the youth's background and mental health led the court to find his case met the criteria for what's known as Intensive Rehabilitative Custody and Supervision (IRCS). In a joint sentencing submission, the Crown and the defence called for the youth to serve two years in closed custody in a youth facility and a third in the community under conditional supervision. Any violation of various conditions could result in spending the third year in custody. 'The plan evolves over time to specifically address issues and concerns presented by each offender. With IRCS programming, [the youth], hopefully, can be safely reintegrated into society in due course,' the judge said. 'It is recommended that treatment should include but not be limited to a program specific to and treatment for violence related issues as well as his psychological needs; substance abuse intervention, educational and vocational planning, life skills training, community-based criminality and violence prevention plan, psychiatric/psychological care, and other areas of intervention.' The sentence also carries with it a 10-year weapons prohibition. The youth has already spent a year in custody, but the joint submission did not include any deduction for time served. No victim impact statements were received, but the judge wrote 'there is no doubt the offence of manslaughter has had a significant impact on the victims, the family and friends of the deceased.' 'No sentence can address the loss of life or the impact of that loss. All the Court can do is sentence according to law.' Another area of consideration in the sentence were aggravating factors that include a firearm being used, the youth's apparent disregard to the possible harm shooting Severight would cause, and not calling for medical assistance. 'It is aggravating that he was callous in his conduct after the offence, especially bragging and posting photos, showing a failure to understand the seriousness of his conduct,' the decision said. The judge went on to say that while the youth's moral responsibility in the death is still high, but mitigating factors like his age, his minimal prior record, personal circumstances and his acceptance of responsibility through the guilty plea must also be considered. '[The youth] has shown remorse for the victims, and a desire to amend his life and engage in rehabilitative programming. He apologized in Court to the victim's family and to the community,' the decision said. The judge accepted the joint submission. -With files from Caitlin Brezinski
CTV News
02-06-2025
- Climate
- CTV News
Law courts cancel Winnipeg event amid ‘pressing need to make hotel spaces available'
Smoke from a wildfire near Sherridon, Man. is seen on May 28, 2025. (Michelle Reimer) The Manitoba Court of King's Bench, along with the Saskatchewan Court of King's Bench, have cancelled a joint event amid 'the pressing need to make hotel spaces available.' In a statement made Sunday, the event was described as a 'joint education session' that was to be held in Winnipeg the week of June 2. Premier Wab Kinew previously stated that 'the hotels are already full across Manitoba,' prompting the provincial government to set up congregate shelters for wildfire evacuees. Roughly 17,000 people in the province are being evacuated in northern Manitoba, with many evacuees anticipated to come to Winnipeg. The statement also cites the state of emergency in both provinces as a reason behind the cancellation. 'The courts are mindful of the serious and devastating impact these fires are having on communities in both provinces and of the institutional need to provide support to the efforts already underway,' reads the statement. Correction: An earlier version of this story included the number of conferences coming to Winnipeg in June. We are updating that number and regret the error.
CTV News
28-05-2025
- Health
- CTV News
Psychiatrist: Hamp was ‘acutely and severely psychotic' the night he killed his girlfriend
A forensic psychiatrist who assessed Thomas Hamp after fatally stabbed his girlfriend said he was 'acutely and severely psychotic' the night of the attack. Dr. Shabehram Lohrasbe testified and provided Court of King's Bench a 25-page psychiatric assessment Monday, where he said obsessive compulsive disorder, schizophrenia spectrum disorder and cannabis use disorder were all 'relevant' to Hamp's psychosis but said he couldn't tell how much which of the three contributed. Hamp is accused of second-degree murder in the death of Emily Sanche on Feb. 20, 2022. Hamp does not deny killing Sanche. His defence lawyer is arguing he is not criminally responsible because he was suffering from a mental disorder at the time of the attack. Lohrasbe told the court Hamp 'was out of touch with objective reality' when he stabbed Sanche. 'I think the information I have suggests that mental disorder was the primary factor,' Lohrasbe said. Lohrasbe was hired by the defence to conduct his assessment, which took place over two in-person meetings and one virtual meeting. With roughly 40 years of experience and hundreds of testimonies in court, Lohrasbe said he had never seen anything like the detailed notes and documentation he also pored over as part of his assessment. Sanche was studying to obtain her master's degree in counselling and kept detailed notes of Hamp's condition in the weeks leading up to the attack. Emily Sanche - Thomas Hamp Emily Sanche (Source: Dignity Memorial) The court learned during previous testimony that Sanche's cousin Catherine also compiled a detailed list of notes using text messages exchanged with Sanche. 'I have rarely seen something so poignant and so close to the tragic events in question,' Lohrasbe said. Hamp believed he and Sanche were the targets of a secret police, that he was surrounded by pedophiles and his medication would brainwash and chemically castrate him. The trial originally began in September 2024, but had to be adjourned because of letters Hamp wrote to his parents while in jail. These letters weren't turned over to police or the court until shortly before the trial began, and Lohrasbe needed to review his assessment before testifying. A previous batch of letters was used in evidence in the trial, where Hamp wrote he believed his paranoia and ensuing psychosis were caused by the weed he was smoking. Hamp previously told the court he quit smoking weed two days before the attack after Sanche believed it was contributing to his delusions and asked him to stop. On Monday, Lohrasbe testified cannabis use and schizophrenia can heighten a mental disorder. On the night of the attack, Lohrasbe said Hamp's 'moral compass was hijacked by his psychotic episode' and the idea of killing Sanche came abruptly. According to Lohrasbe's testimony, Hamp believed he needed to kill Sanche and himself to avoid a worse fate. Hamp believed Sanche would be made to breed and tortured to death. Hamp stabbed himself and recovered in hospital. The trial continues Tuesday with the Crown cross-examining Lohrasbe.
CBC
27-05-2025
- Health
- CBC
Crown quizzes psychiatrist in Saskatoon murder trial about potential motive, impact of potent cannabis
Social Sharing The Crown in the Thomas Hamp murder trial in Saskatoon is suggesting the 28-year-old was in a drug-induced psychosis when he killed his partner Emily Sanche three years ago. Prosecutor Cory Bliss raised the theory while cross-examining defence witness Shabehram Lohrasbe, a forensic psychiatrist who did an assessment on Hamp, who is charged with second-degree murder and on trial at Court of King's Bench before Justice Grant Currie. Lohrasbe did not disagree with Bliss, noting "this reality poses a dilemma." "There is the possibility this is all the result of cannabis, but we won't know." Lohrasbe concluded in his report, based on five hours of interviews with Hamp and a review of notes kept by Sanche and her cousin, that Hamp "was acutely and severely psychotic" when he fatally stabbed the 25-year-old in their apartment on Feb. 20, 2022. "Psychosis was the dominant factor that drove his violence," Lohrasbe wrote in his 25-page assessment. "It is likely that his capacity to 'know' that his actions were wrong, in the real world, was severely impaired." In the report, Lohrasbe said his conclusion acknowledged that Hamp's severe obsessive compulsive disorder (OCD) and cannabis use disorder both could have contributed to the psychotic episode. But he said the degree to which they influenced what happened could never be known. Bliss quizzed Lohrasbe on the general impact of today's high-potency cannabis on mental health. The B.C. doctor has practised psychiatry for four decades and said cannabis potency today is a far cry from the "hippie pot" he encountered at the start of his career. Lohrasbe said that, because of this potency, a drug-induced psychosis from cannabis could look like mental illness. Bliss said this has significant implications in this case, because a psychotic break caused by substances changes whether an accused is criminally responsible. Lohrasbe added that the detailed notes and text messages written by Sanche, who was studying for a master's degree in counselling and expressed concerns about her partner's deteriorating mental health in the year before he killed her, and notes take by Sanche's cousin, Catherine, are "incredibly important documents" because of the objective insights they provide into his behaviour. Bliss questioned whether it's possible that Sanche's notes detailing how Hamp needed professional help could have provided a motive for the attack. Hamp was supposed to go to the hospital the day he killed Sanche and Bliss suggested that he could have seen this as Sanche pulling back in the relationship and abandoning him. "I get your point," Lohrasbe replied. "But that's been ongoing [the notes] and I fail to see how that translates into abandoning him." Hamp originally told a neighbour and police that a man had broken into the third-floor apartment and attacked the couple. He recanted that later, saying that he stabbed Sanche and then himself. Bliss suggested that Hamp concocted the intruder story and then stabbed himself to support the alibi. Lohrasbe said that was possible, "but we'll never know." The defence closed its case after Lohrasbe's testimony. Bliss then successfully applied to recall Hamp to question him on the contents of the assessment. He asked Hamp about the impact of his cannabis use, in reference to a letter he wrote. While in custody after Sanche's death, Hamp wrote a letter to Emily's cousin, Catherine. In the letter, entered as an exhibit, he speaks about his escalating paranoia in the fall of 2021. "I did not believe it at the time, but I now think this paranoia and ensuing psychosis were caused by the weed I was smoking," he wrote. Lohrasbe had testified that the independent documentation of his deteriorating mental health from Emily and Catherine Sanche is so important because when people are psychotic, their mental landscape is rapidly evolving.
