No criminal charges in CHSLD Herron case after investigation into COVID-19 deaths
There will be no criminal charges laid relating to CHSLD Herron, a long-term care facility in Dorval on Montreal's West Island, after 47 people died during a COVID-19 outbreak at the home.
The Director of Criminal and Penal Prosecutions (DPCP) concludes that after a "rigorous analysis of the evidence available" by four prosecutors, there is not enough proof to show a criminal offence took place.
"Based on the requirements for the sufficiency of evidence for criminal prosecution, the prosecutors concluded that the evidence did not support the laying of charges," the DPCP stated Thursday. "This decision in no way trivializes the tragic events that occurred at CHLSD Herron, nor does it mean that no civil or ethical wrongdoing may have occurred."
The prosecutors looked at evidence gathered by the Montreal police during its investigation, as well as additional information and medical expertise from other sources.
"What happened at [CHSLD] Herron is totally unacceptable," said Premier François Legault Thursday, insisting the government has already made some changes -- and promises to continue doing so -- to make sure a similar incident doesn't happen again. "Regarding criminal charges, it's not my responsibility. They studied; I didn't look at all the details of what happened. Like I said, it's totally unacceptable."
The DPCP states it sympathizes with the families of the deceased, "who must not only mourn the loss of their loved ones, but also regret not having been able to be at their bedside during the pandemic."
It notes that it has informed all the families concerned of the decision not to press charges.
HORRIFIC CONDITIONS
The private residence was among the hardest hit in Quebec when COVID-19 arrived in the province.
A damning report last spring by three Quebec professional orders overseeing health care workers, found the situation at CHSLD Herron was "out of control."
At one point, there was only one nurse left to care for the home's more than 100 residents, it stated, since workers had been told to stay home if they showed symptoms of COVID-19 or had come into contact with someone who tested positive.
The report notes by March, 11 of the 12 nurses at the home had contracted the virus.
"This instruction was given without regard as to whether there was enough staff to meet basic care and support needs," the report argues, adding staffing shortages meant a deterioration of care, leaving many elderly residents dehydrated or in soiled clothing for long periods of time.
SETTLEMENT REACHED
Following a class action lawsuit over the mass deaths during the first wave of the pandemic, residents of CHSLD Herron reached a $5.5 million settlement with management, who did not admit liability.
The agreement was signed in March and provides for the payment of compensation to be shared with the estates of the deceased, their spouses or children, as well as residents who survived the deadly outbreak.
The class action alleged that residents were deprived of care and neglected in the context of the pandemic and they deserved compensation for the way they were treated.
The residence has since closed and a coroner's inquest into the deaths is slated to begin Sept. 7.
CTVNews.ca Top Stories
'It's a death sentence': Local Toronto grocery store told it can no longer serve coffee
A cup of coffee is keeping a small business in Toronto alive – but it could also be a death sentence.
DEVELOPING Several major weather advisories in place across Canada
CTVNews.ca is following several weather advisories across Canada. Follow along for updates.
New details about sexual assault case against billionaire Frank Stronach
Sexual assault charges laid against Canadian businessman Frank Stronach involve three women who police allege were victimized in 1980, 1986, and 2023, according to documents recently filed in a Brampton court.
U.S. regulators investigating unusual 'Dutch roll' of a Southwest Airlines Boeing 737 Max
Federal officials are investigating an unusual rolling motion during the flight of a Southwest Airlines Boeing 737 Max.
Trudeau, Modi shake hands on sidelines of G7 summit
Prime Minister Justin Trudeau met Indian Prime Minister Narendra Modi on the sidelines of the G7 Summit Friday, a brief encounter many experts were not predicting.
B.C. pilot completes first paid flight in an electric aircraft in Canada
A small flight school on Vancouver Island has completed Canada's first paid flight in an electric aircraft.
Catherine, Princess of Wales, making 'good progress' against cancer and is set for first public appearance in months
Catherine, Princess of Wales, has said she is making 'good progress' in her recovery from cancer and will make her first public appearance in months at the King’s official birthday celebration on Saturday.
Green or yellow skies can be a sign of an incoming tornado. Here's what we know
Ontario residents facing tornado alerts this week reported seeing skies in unusual colours as they anticipated the potentially destructive funnel clouds.
More nicotine pouches pulled off shelves in latest recalls
Health Canada issued a recall Friday for more nicotine pouches citing unauthorized sale in Canada.