Nurse won't face criminal charges over oxytocin allegations, police say

RCMP say no charges will be laid in connection with a former Moncton Hospital nurse who allegedly administered the labour-inducing drug oxytocin to mothers without their consent. 

Codiac Regional RCMP Sgt. Mathieu Roy said police carried out a thorough investigation and forwarded the case to the Crown prosecutor's office earlier this year for a determination on charges. In New Brunswick, the Crown must approve charges before they are laid in court. 

"Public Prosecutions Services reviewed this file and it was determined there was insufficient evidence to proceed with charges," Paul Bradley, a spokesperson for the Department of Justice and Attorney General, said in a statement Tuesday.

Roy said police have been contacting the mothers to inform them of the decision. 

Nurse Nicole Ruest was fired in March 2019 after women at the Moncton Hospital were allegedly administered the drug without their consent. An internal investigation by Horizon Health found two women required urgent C-sections after receiving the hormone.

Last year, Roy told CBC that a person was arrested in connection with the case on Nov. 25. Roy said investigators questioned the person and released them. 

Andrew Faith, a lawyer representing Ruest, issued a statement Tuesday afternoon on her behalf. It says the decision by the Crown acknowledges the allegations against Ruest were "unfounded." 

"Nicole lost her job and has been prohibited from serving her community since March 2019 on the strength of unsubstantiated claims," Faith said in the statement. 

"Nicole has always maintained her innocence and intends to vigorously reclaim her dignity and reputation — and most importantly, her role as a care provider — in the months and years ahead."

Karen McGrath, president and CEO of Horizon Health Network, issued a statement Tuesday saying it is aware no charges will be laid. 

"As there are still matters related to this incident before the courts, we will not provide any further comment," McGrath said.

A proposed class action lawsuit was launched against the Horizon Health Network and Ruest on behalf of women who were allegedly "inappropriately" given the labour-inducing drug at the hospital. 

Documents filed by Horizon in the case acknowledged Ruest was employed as a registered nurse in the labour and delivery unit at the hospital but was fired.

Ruest's statement of defence denies the allegations made in the claim. 

The allegations have not been tested in court.

Horizon has also filed a cross claim against Ruest, along with its own statement of defence. 

Horizon's court filing says obstetricians at the hospital were concerned about the increasing number of emergency caesarean sections requiring general anesthetic and were trying to determine the reason for it.

Mathieu Picard, one of the lawyers representing mothers in the proposed case, told Radio-Canada that it's been hard for the mothers who hoped a criminal case could provide answers about what happened. 

He said now they are hoping those answers come from the separate civil case. 

"It's not the same burden of proof that we're looking at," Picard said. "The burden of proof for a criminal matter is higher, it's more difficult to accomplish."

Picard said they are looking at dates in early 2021 for a certification hearing for the class action, a required step to determine if the case can proceed. 

Licence suspended

The New Brunswick Nurses Association said in April 2019 it had suspended Ruest's licence because of the seriousness of the allegations and because she was also working at a second facility. The association would not say which facility. 

That suspension meant she wouldn't be able to practise in the province. 

A June 12, 2019, post on the association's website indicates her registration was suspended by the organization's complaints committee pending the outcome of a discipline committee hearing. It's not clear whether that hearing has taken place or when it may occur.

The association did not provide any further information Tuesday.