Former chief medical examiner's lawsuit frivolous, Alberta Justice says
Charles Rusnell, Jennie Russell | CBC News | Posted: February 23, 2015 10:55 PM | Last Updated: February 23, 2015
Province files statement of defence in $5 million wrongful dismissal lawsuit
Alberta Justice says former chief medical examiner Dr. Anny Sauvageau was confrontational, disrespectful, undermined morale and claimed authority over areas of operations in which she had none.
The allegations are contained in a statement of defence filed Monday by Alberta Justice in response to a $5-million wrongful dismissal lawsuit against Justice Minister Jonathan Denis and four senior government bureaucrats.
“(Sauvageau) failed to demonstrate the qualities of sound, rational decision making and responsible leadership that are required of the chief medical examiner,” the statement of defence said. “The plaintiff acted without regard to her legal and legislated mandate and the requirements of her office.”
Sauvageau sued after her contract was not renewed in January,
In the statement of defence, Alberta Justice and the defendants claim the decision not to renew the contract “was necessary to protect the integrity of the medical examiner’s system in Alberta.”
Alberta Justice alleges Sauvageau was “either unwilling or unable to function properly as a responsible chief medical examiner” in several ways, including that she:
- Dealt with “the department, her office staff, industry stakeholders and others in an obstructionist, confrontational and disrespectful manner that made the conduct of public business difficult or impossible.”
- “Created an atmosphere of apprehension, intimidation and low morale amongst staff at the medical examiner’s office, some of whom sought employment elsewhere as a result.”
- “Interfered in areas beyond her authority or expertise as a forensic pathologist, including routine government contract negotiations,” specifically in relation to the contract for transporting bodies.
The statement of defence also claims Sauvageau refused “to participate in a performance management process that was put in place to with a view to addressing her personal and professional issues.”
Claim contains sensational allegations
Sauvageau’s statement of claim contained sensational allegations. The most controversial was that Alberta Justice negotiated a costly new body-transportation contract without her approval in order to appease the province’s funeral services association and curry political favour in rural ridings.
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Sauvageau alleged Justice officials ignored financial analysis, which found the new contract was not cost effective, as well as a litany of documented complaints about the existing body transportation services.
The complaints included:
- A body of a deceased being placed for transportation in the open box of a pickup truck;
- Funeral services staff taking pictures of crime scenes for personal collections;
- Funeral services staff misrepresenting themselves at scenes as being from the chief medical examiner’s office;
- Funeral homes charging both the medical examiner’s office and the deceased’s family for transportation of the same body;
- Funeral homes overcharging the medical examiner’s office for body transportation.
The statement of defence denies all the allegations and states that any allegations of wrongdoing are groundless.
Alberta Justice said Sauvageau’s lawsuit is “ill founded, groundless and vexatious, has been filed for the sole purpose of harassment” and should be dismissed with an order to pay legal costs because of Sauvageau’s “untrue and manufactured allegations.”
None of the allegations in either the statement of defence or statement of claim have been proven in court.
Sauvageau’s lawyer, Allan Garber, declined comment.