Wednesday, March 30, 2022

Former Alberta medical examiner's wrongful dismissal lawsuit against province heading to trial

Jonny Wakefield 
EDMONTON JOURNAL

A wrongful dismissal lawsuit filed by Alberta’s former chief medical examiner is set to head to trial later this week after a COVID-related delay.

© Provided by Edmonton Journal Dr. Anny Sauvageau, former Chief Medical Examiner, at a 2014 roundtable debate on Alberta's child death review system for kids in provincial care. Sauvageau later sued the province after her contract was not renewed, alleging the Office of the Chief Medical Examiner had been exposed to political interference.

Dr. Anny Sauvageau sued the Government of Alberta and five senior officials including ex-Progressive Conservative justice minister Jonathan Denis in February 2015, claiming the Office of the Chief Medical Examiner (OCME) had been subjected to political interference.

Sauvageau’s initial $5-million claim alleged government meddling in the OCME’s body-viewing policies, death review procedures and contracting and staffing decisions. She claimed that her contract was not renewed in late 2014 “in direct retaliation and retribution for the concerns (she) raised about political interference.”

After years of legal back and forth, Sauvageau’s lawsuit was set to begin a civil trial before Court of Queen’s Bench Justice Doreen Sulyma Monday.

Instead, the case was delayed due to an undisclosed COVID issue, Sauvageau’s lawyer confirmed. It will now begin April 1.

Sauvageau initially sought $5.15 million in lost wages and damages, upping the total to $7.5 million in 2017. Allegations from her lawsuit — which no longer names Denis or the other officials as defendants — have not been proven in court.

Sauvageau claims she was pressured to approve amended body transportation contracts to benefit the Alberta Funeral Services Association in an effort to shore up the “rural vote,” which she said would cost an extra $3 million over the three-year term of the contract.

Sauvageau alleges she was ignored when she raised the issue with the premier, the late Jim Prentice, in 2014.

Sauvageau also claimed that when she was hired, she had been led to believe she could remain with OCME for the remainder of her career.

At the time of the lawsuit, the government said Sauvageau’s contract expired Dec. 31, 2014, and that “no government contractor is entitled to an automatic renewal.”

The defendants later sought to have her lawsuit deemed vexatious , claiming in a statement of defence that Sauvageau was “obstructionist, confrontational, and disrespectful” during her tenure.

That allegation also remains unproven.

Sauvageau became Alberta’s top forensic pathologist in July 2011. The OCME experienced considerable turnover at the top following her departure.

Sauvageau’s successor, Dr. Jeffrey Gofton, resigned after 18 months. Dr. Elizabeth Brooks-Lim later took the role but resigned in January 2020 citing “personal” reasons.

Alberta’s current chief medical examiner is Dr. Thambirajah Balachandra.

Allan Garber is representing Sauvageau at trial, while the lawyer for the respondents is Craig Neuman.

jwakefield@postmedia.com

twitter.com/jonnywakefield

(Editor’s note: This story has been updated to reflect that the claim against individual government officials has been discontinued.)

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