A Manitoba court has ruled the family of a Brian Sinclair, who died waiting at a Winnipeg emergency room, can proceed with a lawsuit alleging charter violations.
The double amputee died after waiting 34 hours for care inside the Health Sciences Centre emergency room.
A new headstone bought and paid for by WRHA stirs ups mixed emotions, said his family, because they still believe Sinclair’s death was preventable. An inquest into the incident agreed.
“(Sinclair’s family) always wanted to achieve certain things, including vindication for Brian Sinclair's death, accountability for those responsible for his death and deterrence - prevention of anything like this from happening to anybody else," said Vilko Zbogar, the Sinclair family lawyer.
But up until now, the family was not able to seek that accountability, with lower courts ruling they couldn't sue the WRHA, under the theory a person's rights die with the person.
"How ironic is it that if government contributes in some way to your death - you cannot sue them for violation of constitutionally protected right to life," said Karen Busby, a constitutional law expert from the University of Manitoba.
That's changing.
Tuesday morning, the Manitoba Court of Appeal ruled Sinclair's family can move forward with a suit against the WRHA.
The family alleges Sinclair's rights to "life and equality," were breached because he did not receive any treatment before his death.
And that Sinclair's privacy rights were breached, even after he died.
"When they went out in the public as part of the PR strategy and tried to suggest Brian Sinclair was responsible in some way for his own demise," said Zbogar.
The WRHA said it's reviewing the ruling and will not say if it will appeal the decision.
Sinclair's family said they will continue to fight for the man's vindication and are grateful the courts will allow them to do that.
Zbogar believes the decision is precedent setting.
